“White” Color Mark 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 […] Continue Reading →
The Federal Circuit Further Defines the Scope of the On-Sale Bar to Patentability 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 […] Continue Reading →
Federal Circuit Revives Life-Sciences Patent Directed to Law of Nature On Tuesday, the Federal Circuit revived a life-sciences patent that was invalidated as being directed to a law of nature. The patent involved a method for multiple freeze-thaw cycles in liver cells. In Vitro Technologies designed the method by using previously frozen cells and then pooling the cells that remained viable for re-freezing and thawing […] Continue Reading →
Federal Circuit Upholds 180-Day Notice Period for Biosimilars 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. […] Continue Reading →
Federal Circuit Finds Patent Eligibility for Application of Natural Law 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, and the defendant in turn filed a […] Continue Reading →