Post By Jonathan L. Kennedy In Black & Decker, Inc. v. Positec USA, Inc., a non-precedential opinion, the Federal Circuit reversed the Patent and Trial Appeal Board's (PTAB) finding of obviousness of two claims. The appeal arose from an Inter Partes Review (IPR) of U.S. Patent No. 5,544,417 owned by Black & Decker directed to a string trimmer. The PTAB had instituted the IPR on two a....... Read More
Post By Laura L. Hupp The United States Patent and Trademark Office has issued new guidance for Subject Matter Eligibility of Life Sciences patents. A memorandum with the subject "Formulating a Subject Matter Eligibility Rejection and Evaluating the Applicant's Response to a Subject Matter Eligibility Rejection" was released May 4, 2016. The Memorandum was accompanied by a new set of subject matter eligibil....... Read More
Post By Daniel M. Lorentzen, Ph.D. Today (May 11, 2016), the Defend Trade Secrets Act (DTSA) of 2016 was signed into law by President Obama. The DTSA was passed in the House of Representatives on April 27, by a vote of 410-2. The Senate had previously passed the DTSA on April 4 by a vote of 87-0. The DTSA was presented to the President for signature on April 29, who issued a statement earlier t....... Read More
Post By Brandon W. Clark Earlier this week the Supreme Court heard oral arguments addressing the relevant standard for awarding attorneys’ fees in cases involving copyright law. The Court’s ruling, expected later this spring, will likely have a significant impact on copyright litigation cases. Section 505 of the Copyright Act provides that a district court “may” award a reasonable attorney’s fee to a “prevailing p....... Read More
Are You Ready? The Defend Trade Secret Act is Coming! Today, the House of Representative passed the Defend Trade Secrets Act (DTSA) of 2016 by a vote of 410-2, as previously anticipated.The Senate already passed the DTSA on April 4th. The next step for the DTSA to become law of the land is the signature of the President, who issued a statement earlier (available here) to indicate his full support for this....... Read More
Post By Laura L. Hupp The United States Patent and Trademark Office issued finalized amendments to the rules for trials before the Patent Trial and Appeal Board. The updated rules were issued in a Federal Register Notice on April 1, 2016, which may be found here. The rules put into final form most of the amendments proposed on August 20, 2015, which pertain to inter partes review (IPR), covered business ....... Read More
Post By Jill N. Link, Pharm.D. The Filewrapper® series relating to all things trade secrets has previously updated the status of proposed federal trade secret legislation (available here). As previously reported there appears to be sufficient legislative support to enact legislation to establish a single, national standard for trade secret misappropriation with transparent procedural rules. The Senate ....... Read More
Post By Jill N. Link, Pharm.D. In this fifth installment of the Filewrapper® series on trade secrets we begin to dive into the differences between confidential information, a trade secret and patentable subject matter. Here is a hint—they are not mutually exclusive. Moreover, the decision to should protect an asset as a trade secret as opposed to a patent may be a difficult one. This post follo....... Read More
Post By Daniel M. Lorentzen, Ph.D. The US Supreme Court decided Mayo Collaborative Servs. v. Prometheus Labs. in 2012, effectively redefining the scope of patent eligible subject matter, particularly with respect to biotechnology and personalized medicine. Subsequent decisions by the Court in Myriad and Alice have confirmed what many prognosticators had predicted: a wide-spread broadening of the judicially-....... Read More
Post By Jonathan L. Kennedy The USPTO's Patent Trial and Appeal Board's holding that the voluntary dismissal of a lawsuit, without prejudice, effectively nullifies the service of the complaint for purposes of triggering the one year bar in 35 U.S.C. § 315(b) to petition for the institution of an inter partes review (IPR) stands in Shaw Indus. Grp. v. Automated Creel Sys. after the Federal Circuit maintains that it....... Read More
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