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ARZERRA better way to respond?
Prosecution history estoppel in light of Biogen v. GlaxoSmithKline On April 16, 2013, the Federal Circuit affirmed a grant of summary judgment to GlaxoSmithKline (GSK) in a dispute with Biogen Idec over GSK’s Arzerra® treatment for chronic lymphocytic leukemia (CLL). The case’s holding, regarding prosecution history estoppel,
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Fed. Cir. Rejects Design Patent Application
On March 26, 2013, the Federal Circuit denied the attempts of a mouthwash bottle designer to claim only certain portions of a Crest mouthwash bottle in a continuation application, thus affirming the PTO’s rejection of the application. In re Owens, No. 2012-1261 (Fed. Cir. March 26, 2013). At
Final Rules for Third Party Submissions
On July 17, 2012, the USPTO published final rules for submitting prior art relevant to a pending patent application. Under 37 CFR 1.290, a third party may submit patents, published patent applications, or other printed publications
PROTECTING INTELLECTUAL PROPERTY IN SUPPLIER DRAWINGS AND SPECIFICATION SUBMISSIONS: “BLACK-BOXING”
Automotive OEMs are highly reluctant, or frequently flatly refuse, to accept drawings or other technical information from component suppliers if that information is marked or otherwise indicated as being confidential. This has led to instances of supplier proprietary information or designs
Harness Dickey Stronger with Additional USPTO Location
The United States Patent and Trademark Office (USPTO) recently announced that it intends to place six administrative patent judges with the Board of Patent Appeals and Interferences, at its Detroit, Michigan branch. This will be in addition to hiring many new patent examiners for the new USPTO location. The
USPTO Issues 239346 Trademark Registrations on 2011
The USPTO issued 239346 trademark registrations in 2011. The most active trademark classes are Class 9 – scientific and electronic apparatus (24,590); Class 16 – printed matter (9692); Class 25 – clothing (14,355). The most active service mark classes are Class 35 – advertising and business (26,542);
CyberSource v. Retail Decisions, Inc.
In CyberSource v. Retail Decisions, Inc., No. 2009-1358 (August 16, 2011), the Federal Circuit held that an Internet-related method claim and a “computer readable medium” claim both fail to recite patent-eligible subject matter under 35 U.S.C. § 101, potentially calling into question the validity
The Cost of Sloppy Claim Drafting
In CBT Flint Partners, LLC v. Return Path, Inc., No. 2010-1202, -1203 (Fed. Cir. August 10, 2011), CBT appealed a district court’s judgment that a claim was invalid as indefinite. The claim was for an apparatus comprising a network computer “programmed to detect analyze the electronic mail communication
CAFC MYRIAD DECISION: This is Not a “Gene Patent” Case
The panel decision in AMP v. Myriad Genetics, written by Judge Lourie, contained law and fact rulings consistent with the Amicus Brief submitted by HDP on behalf of Gilead Sciences, Inc., Biogenerator and Elan Pharmaceuticals, Inc. The CAFC held that a synthetic cDNA construct is patent-eligible
USPTO PROPOSES AMENDING RULE 1.56 TO DEFINE MATERIALITY IN ACCORDANCE WITH THERASENSE
On July 21, 2011 the USPTO published a notice of proposed rulemaking to amend Rule 56 (37 CFR §1.56) to define materiality in accordance with the Federal Circuit’s en banc decision in as the Federal Circuit’s en banc decision in Therasense, Inc. v. Becton, Dickinson & Co., — F.3d. —