Post By Jonathan L. Kennedy The USPTO has implemented the "Post-Prosecution Pilot"referred to as the "P3 Program."The goal of the program is to reduce the need for appeals by providing a more robust after final, pre-appeal program. The P3 Program essentially blends two existing programs: the After Final Consideration Pilot and the Pre-Appeal Brief Conference Pilot. The After Final Cons....... Read More
Post By Caitlin M. Andersen One of the most iconic rock songs of the 20th Century came under fire earlier this summer for allegations of copyright infringement. The estate of Randy Wolfe, guitarist for Spirit on the song "Taurus,"brought a copyright suit against Led Zeppelin, frontman Robert Plant, and guitarist Jimmy Page alleging infringement of a guitar riff that opens the iconic cl....... Read More
Post By Blog Staff In In re Hodgdon Powder Company, Inc., the TTAB overturned a prior refusal to register a color mark for gunpowder. In doing so, the TTAB found that Hodgdon Powder Co. had proven acquired distinctiveness under Section 2(f) of the Trademark Act of 1946, 15 U.S.C. § 1052(f), for the color "white"as applied to gunpowder in International Class (IC) 13. The description ....... Read More
Post By Blog Staff In The Medicines Co. v. Hospira, Inc., the full Federal Circuit recently elaborated what exactly constitutes a "sale"for the purposes of the "on sale"bar under Pre-America Invents Act (AIA) 35 U.S.C. § 102(b). Pre-AIA § 102(b) and AIA § 102(a)(1) forbid the granting of a patent where the claimed invention was "on sale"prior to an application for a patent. InThe Medicines Co. v. Hospira, I....... Read More
Post By Blog Staff On Tuesday, the Federal Circuit sustained an injunction preventing generic drug maker Apotex, Inc. from selling a similar version of Amgen Inc's Neulasta drug without a 180 day notice period after being approved by the FDA. The drug is used to boost white blood cell counts in cancer patients and is made using living cells. Because of the nature of biologic drugs such....... Read More
Post By Blog Staff. Post By Blog Staff. Post By -- Please select -- The Federal Circuit has handed down its decision in Rapid Litigation Management v. CellzDirect. The technology at issue in the case is a method of freezing-and-thawing a group of hepatocytes and then selecting those that are still viable. The patent-owner sued the defendant for infringement of the patent, a....... Read More
Post By Kirk M. Hartung The final judges scores are in, and the champions have been named for most utility patents received in 2015. IBM took home the gold medal with 7440 utility patents issued for the year. This software company, based in New York, has led the patent grant field for 23 consecutive years. The silver medal in 2015 went to Samsung Electronics (5059 issued utility....... Read More
Post By Blog Staff On June 27, the Supreme Court denied Sequenom's petition from the Federal Circuit's 2015 decision in Ariosa v. Sequenom. The relevant patent claimed methods of measuring cell-free fetal DNA (cffDNA) in maternal plasma and serum in order to identify fetal characteristics. The Federal Circuit assessed whether the claimed methods were directed to a naturally-occurring p....... Read More
Post By Blog Staff This morning, the world woke to the news that the UK has voted to leave the European Union. While we will continue to see the far reaching consequences of this decision in the days to come, there are a few certainties concerning European intellectual property rights. The Effects Will Not be Immediate The Lisbon Treaty provides for a....... Read More
Post By Xiaohong Liu, Ph.D. The Federal Circuit yesterday, in a ten-to-one decision, rejected Ethicon's petition for en banc rehearing on the question of whether the USPTO Director improperly delegated decision-making authority for the institution of inter partes review (IPR) to a PTAB panel. This decision confirms another existing USPTO practice, the function of PTAB panels to both in....... Read More
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