Intellectual Property

Recent Posts

Statutory Estoppel For IPR Petition Misses?
Posted on 10 Oct 2014 by Scott A. McKeown

Unsuccessful IPR Petitioner Urges Expansive PTAB Estoppel In a strange twist, an unsuccessful IPR petitioner is currently urging the CAFC to adopt an expansive interpretation of statutory estoppel for Inter Partes Review (IPR). That is, the petitioner... Read More

Myriad Genetics: The Supreme Court Rules That Isolated DNA Is Not Patent Eligible
Posted on 15 Jul 2013 by LexisNexis Legal Newsroom Staff

by Amy DeCloux Ph.D. and Kathleen M. Williams Ph.D. The court's long-anticipated decision in Association of Molecular Pathology. v. Myriad Genetics Inc unanimously supported the premise that a gene in its isolated form cannot be the subject of... Read More

Kyle Bass Finally Gets an IPR Instituted
Posted on 8 Oct 2015 by Scott A. McKeown

PTAB Finds IPR Filing of Hedge Fund Has Merit Yesterday, in IPR2015-00988, the Patent Trial & Appeal Board (PTAB) instituted review of Cosmo Technologies patent 7,773,720. The patent is directed to controlled release oral pharmaceutical compositions... Read More

Fitch Even IP Alert: Narrow Species Claim Is Invalid for Double Patenting Over Prior Broader Genus Claim
Posted on 3 Sep 2014 by Fitch, Even, Tabin & Flannery

The judicially created doctrine of obviousness-type double patenting is intended to prevent a patentee from obtaining multiple separate patents for inventions that are not patentably distinct. On August 21, the Court of Appeals for the Federal Circuit... Read More

Fitch, Even, Tabin & Flannery LLP: Supreme Court Requires De Novo Review in Civil Actions to Obtain Patent
Posted on 20 Apr 2012 by Fitch, Even, Tabin & Flannery

By Allen E. Hoover Today [April 18, 2012], in Kappos v. Hyatt , the U.S. Supreme Court affirmed the Court of Appeals for the Federal Circuit, holding that courts must consider de novo any evidence presented by the appellant in a civil action under... Read More

Fitch, Even, Tabin & Flannery LLP: Supreme Court Requires De Novo Review in Civil Actions to Obtain Patent
Posted on 20 Apr 2012 by Fitch, Even, Tabin & Flannery

By Allen E. Hoover Today [April 18, 2012], in Kappos v. Hyatt , the U.S. Supreme Court affirmed the Court of Appeals for the Federal Circuit, holding that courts must consider de novo any evidence presented by the appellant in a civil action under 35... Read More

Kenyon & Kenyon: Consumer Watchdog v. WARF Stem Cell Case Could Test Myriad’s Reach
Posted on 9 Aug 2013 by Kenyon & Kenyon LLP

by Maria Luisa Palmese and Deborah A. Somerville On July 2, 2013, Consumer Watchdog (formerly The Foundation for Taxpayer and Consumer Rights) asked the Court of Appeals for the Federal Circuit to apply the product of nature analysis from Association... Read More

Federal Circuit Affirms PTAB in First Decision on an Appeal of America Invents Act Business
Posted on 25 Aug 2015 by Kenyon & Kenyon LLP

by K. Patrick Herman and Christopher W. Glynn Digest of Versata Dev. Group, Inc. v. SAP Am., Inc. , No 2014-1194 (Fed. Cir. July 9, 2015) (precedential) [subscribers can access an enhanced version of this opinion: lexis.com | Lexis Advance ]. On... Read More

Pharmaceutical Claims Found Unpatentable
Posted on 2 Jul 2014 by Kenyon & Kenyon LLP

by Michael K. Levy On June 20, 2014, the Patent Trial and Appeal Board (PTAB) issued the first inter partes review (IPR) decisions reaching pharmaceutically-related subject matter, which in this case constituted dietary supplement and vitamin products... Read More

Duane Morris: Do Pharmaceutical Compositions Have Patent Subject Matter Eligibility Under the New USPTO Guidelines?
Posted on 11 Mar 2014 by Duane Morris LLP

The USPTO’s new patent subject matter eligibility guidelines (the “Guidelines”) include examples that apply the multi-factored analysis mandated by the Guidelines to compositions that include one or more “natural products”... Read More

PTAB Redundant Grounds of Unpatentability To Come Back From the Dead?
Posted on 7 Oct 2013 by Scott A. McKeown

Simplification of PTAB Trial Grounds May Not Help CAFC Under the old inter partes patent reexamination model, patentees were often faced with 10+ grounds of rejection. The numerosity and overlap in these rejections rendered USPTO processing quite tedious... Read More

PTAB Designates Informative Decisions on Privity & Estoppel
Posted on 22 Jul 2015 by Scott A. McKeown

PTAB Announces New Informative Decisions The Patent Trial and Appeal Board (PTAB) has designated the recent decision granting a request for additional discovery in Arris Group, Inc. v. C-Cation Techs., LLC , IPR2015-00635 (Paper 10) (PTAB May 1, 2015... Read More

Anticipating Non-Analogous Art Arguments at the PTAB
Posted on 17 Sep 2014 by Scott A. McKeown

Setting the Level of Skill May be Critical in Niche Arts The obviousness of a claimed invention is assessed from the perspective of a hypothetical person of ordinary skill in the art (POSITA). For this reason, the degree of skill present in a given... Read More

Supreme Court: Patent Eligibility Not Conferred by Computer Implementation
Posted on 19 Jun 2014 by Melissa Ritti

WASHINGTON, D.C. — (Mealey’s) The U.S. Supreme Court unanimously held today that a patent that claims a computer-implemented method of providing intermediated settlement services for financial obligations is directed to a patent-ineligible... Read More

Fitch Even IP Alert: Narrow Species Claim Is Invalid for Double Patenting Over Prior Broader Genus Claim
Posted on 2 Sep 2014 by Doug Esten

The judicially created doctrine of obviousness-type double patenting is intended to prevent a patentee from obtaining multiple separate patents for inventions that are not patentably distinct. On August 21, the Court of Appeals for the Federal Circuit... Read More