Solicitor General Urges Supreme Court to Deny Cert in Amgen Antibody Patenting Case By Melissa M. Mitchell In an amicus brief for the United States Government released September 21, 2022, the Solicitor General advises the Supreme Court to deny Amgen Inc.’s petition for a writ of certiorari in the Amgen v. Sanofi case. If the Supreme Court follows the Government’s suggestion, it could mean a swift end for the controversial antibody patenting […] Continue Reading →
The USPTO Takes Steps to Encourage International Green Technologies By Ashley E. Holland Last month, the USPTO announced that they have become a technology partner to WIPO GREEN, a World Intellectual Property Organization partnership aimed at highlighting green technologies. WIPO GREEN was established in 2013 and includes over 2,000 international users and over 130 international public and private companies, offices, organizations, research institutes, and business groups. This program […] Continue Reading →
Moderna sues Pfizer and BioNTech for Patent Infringement Related to COVID-19 Vaccines By Julie L. Spieker On Friday Moderna issued a news release stating that the company is filing complaints in both the United States and Germany alleging that Pfizer and BioNTech’s COVID-19 vaccine (Comirnaty®) infringes three of Moderna’s patents. The patents at issue are US Patent Nos 10,898574, 10,702,600, and 10,933,127. The patents cover Moderna’s mRNA technology that Moderna say […] Continue Reading →
The Oprah Effect: Podcasters Sued for “Oprahdemics” Brand By Nicholas J. Krob “YOU get a car! YOU get a car! YOU get a car!” Kellie Carter Jackson and Leah Wright Rigueur, however, get a lawsuit. Media giant Oprah Winfrey seemingly strayed from her benevolent ways earlier this month when her media company Harpo, Inc. filed a lawsuit against Jackson and Rigueur, as well as Roulette Productions, LLC, […] Continue Reading →
Who is monetizing your online presence? Commercial surveillance and the FTC’s new rules By Cassie J. Edgar The Federal Trade Commission just posted notice of its intent to increase federal regulations regarding commercial surveillance, data security and privacy. The FTC defines commercial surveillance as “the business of collecting, analyzing, and profiting from information about people.” Currently, the FTC’s ability to deter unlawful conduct is limited because the agency generally lacks authority to seek financial […] Continue Reading →
Federal Circuit reiterates holding regarding errors in prior art references By Joseph M. Hallman On July 11, 2022, in LG Electronics Inc. v. ImmerVision, Inc., the Court of Appeals for the Federal Circuit (“Federal Circuit”) affirmed the United States Patent Trial and Appeal Board’s (“PTAB”) final written decisions in two inter partes reviews (“IPR”) wherein it was held that LG Electronics Inc. (“LG”) failed to show that the challenged […] Continue Reading →
In a diminishing talent pool, should you hire an independent contractor? Remember the ABCs. By Cassie J. Edgar It is increasingly hard to find top talent to fill roles. As a result, organizations are adopting flexible models to allow remote/hybrid work to help fill needs, in addition to paying increased wages compared to pre-pandemic levels. For those asking if they should hire an independent contractor instead of an employee, the waters are increasingly […] Continue Reading →
Engagement announcement: USPTO and Regulatory Agencies Tie the Knot By Cassie J. Edgar After many years of casual data sharing between agencies, the USPTO has formally announced its intentions to marry the duty of disclosure for patent prosecution with the regulatory process. Today’s notice clarifies the scope of duties of inquiry and disclosure to the Patent Office, including for statements made to the FDA and other regulatory agencies […] Continue Reading →
Radar-Based Sleep Trackers: Sweet Dreams or Privacy Nightmare? By Sarah M.D. Luth It’s no secret that more people than ever are sleeping poorly. A recent study by the American Academy of Sleep Medicine found that more than half of all Americans have had problems sleeping since the onset of the COVID-19 pandemic. Even independent of the pandemic, an estimated 70 million Americans are believed to suffer from […] Continue Reading →
USPTO Extends Cancer Immunotherapy Pilot Program By Melissa M. Mitchell The United States Patent and Trademark Office recently issued a notice extending the Cancer Immunotherapy Pilot Program (AKA “Patents 4 Patients”) until September 30, 2022. The program was first implemented in 2016 as part of the $1 billion National Cancer Moonshot initiative and allows for fast-track review of cancer immunotherapy-related patent applications without the need […] Continue Reading →