Federal Circuit Revives SynQor Patent

By Julie L. Spieker

On February 22, 2021, the United States Court of Appeals for the Federal Circuit reversed the Patent Trial and Appeal Board’s decision that SynQor’s US Patent No. 7,072,190 was unpatentable. SynQor’s ‘190 patent relates to technology that converts DC current from one voltage to another for use in large computer systems and data communication equipment. […]

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“Safe Harbor” Act May Save Pfizer From Infringement for Covid Vaccine Clinical Trials

By Kirk M. Hartung

In October, 2020, Allele Biotechnology and Pharmaceuticals sued Pfizer, Inc.  for infringement of U.S. patent 10,221,221 in the U.S. District Court for the Southern District of California.  The pre-Covid ‘221 patent, entitled MONOMERIC YELLOW – GREEN FLUORESCENT PROTEIN FROM CEPHALOCHORDATE, issued on March 5, 2019, and claims priority to a provisional application filed on July […]

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Deposit of biological material and the differing national laws

By Brian D. Keppler, Ph.D.

For patent applications in the biotechnology area, a biological material is sometimes essential for carrying out the invention. The biological material can be any material capable of reproducing itself or being reproduced in a biological system, including bacteria, fungi, algae, eukaryotic cells, cell lines, hybridomas, plasmids, viruses, and plant seeds. If the biological material cannot […]

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Federal Circuit provides additional insight into § 101 eligibility

By Joseph M. Hallman

On February 8, 2021, in cxLoyalty, Inc. v. Maritz Holdings Inc., the United States Court of Appeals for the Federal Circuit (“Federal Circuit”) dismissed-in-part, affirmed-in-part, and reversed-in-part a decision by the Patent Trial and Appeal Board (“PTAB”) dealing with covered business method (“CBM”) review and subject matter eligibility under 35 U.S.C. § 101. This is […]

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Congress Rescues Injunctions for Trademark Owners

By Kirk M. Hartung

On December 27, 2020, as part of stimulus package approved by Congress, the Trademark Modernization Act (TMA) was signed into law.  This law revived the presumption of irreparable harm for trademark owners against trademark infringers. Prior to 2006, trademark owners enjoyed a presumption of irreparable harm when infringement was proven.  Then the U.S. Supreme Court […]

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Mitigating Copyright Issues in Remote Learning

By Brandon W. Clark

Remote learning raises important questions related to how copyright protected materials can be used in an online learning environment. One of the more frequent myths that we hear is that copyright law does not apply to a situation because that situation is educational in nature. However, just because a use is educational in nature, does […]

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Has the Federal Circuit Made It Nearly Impossible to Maintain Genus Claims?

By Tina G. Yin Sowatzke, Pharm.D.

A recent denial by the Supreme Court of the United States (SCOTUS) to hear an appeal by Merck’s Idenix Pharmaceuticals LLC (Idenix), leaves unanswered questions regarding the overall validity of genus claims, particularly within the biopharma field. The SCOTUS denied a petition for writ of certiorari to clarify certain Section 112 requirements with respect to […]

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A Blizzard and a Regulatory Freeze

By Cassie J. Edgar

For those in the Midwest today, I hope you are staying warm & are ready for the predicted snowfall and wind gusts currently in progress. There’s been a lot of news in recent months about agricultural biotechnology regulatory changes underway at various stages of public comment and implementation (7 CFR part 340, proposed EPA rules […]

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Praised Patent Office Director Resigns

By Kirk M. Hartung

United States Patent and Trademark Office Director Andrei Iancu resigned as director of the agency, receiving high praise from the Chair of the Senate Judiciary Committee’s Subcommittee on Intellectual Property, Thom Tillis (North Carolina).  Senator Tillis told the U.S. Chamber of Commerce on Jan. 19 that Iancu’s leadership was the “gold standard,” and that Iancu […]

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USPTO Report on Intellectual Property in China: Value, Validity, and Volume

By Sarah M.D. Luth

Last January the U.S. and China signed an Economic Trade Agreement which required China to overhaul its scheme of intellectual property protection. In October of 2020 the National People’s Congress passed new amendments to the Patent Law, which will come into effect on June 1, 2021. The most significant amendments to China’s patent law relate […]

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