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Court of Appeals Gets Specific with Enablement

In Storer v. Clark, the Court of Appeals explored whether a provisional application had sufficiently enabled interference subject matter.  In order to prove enablement it must be shown that “one skilled in the art, having read the specification, could practice the invention without ‘undue experimentation.’” ALZA Corp. v. Andrx Pharm., LLC, 603 F.3d 935, 940 […]

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Trademark Description: Does job placement software render the service of professional placement and recruitment?

In 2004 JobDiva registered the service mark JOBDIVA (U.S. Registration 2,851,917, hereinafter ‚¬Ëœ917) for “personnel placement and recruitment”services. In 2005, JobDiva registered the service mark JOBDIVA (plus design) (U.S. Registration 3,013,235, hereinafter ‚¬Ëœ235) for “personnel placement and recruitment services; computer services, namely, providing databases featuring recruitment and employment, employment advertising, career information and resources, resume […]

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Software patents in the Federal Circuit‚¬¦ One step forward, two steps back.

Following the United States Supreme Court’s ruling in the Alice Corp. v. CLS Bank Int’l, (S. Ct. 2014) case (which held that abstract ideas are not patentable), the software and computer industry has been fighting and clawing to peel back the layers of the decision in hopes of finding some clarity as to what is […]

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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. […]

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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 […]

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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 […]

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Supreme Court Upholds Broadest Reasonable Interpretation and No Review for Institution in PTAB Proceedings

The Supreme Court has issued its opinion in the case of In re Cuozzo Speed Technologies, LLC. In re Cuozzo initially began as an inter partes review (IPR) with the Patent Trial and Appeals Board (PTAB) where Garmin challenged the validity of Cuozzo’s patent relating to an interface that uses GPS technology to display a […]

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Under Pressure: The State of Sampling in the Music Industry

Earlier this month, Madonna won the appeal of a copyright infringement lawsuit before the 9th Circuit Court of Appeals. The plaintiff, VMG Salsoul LTD., alleged that a tiny (0.23 second!) sample of the horns from the song “Love Break“was used in Madonna’s song “Vogue.‚¬ The majority held that the sample was too small to be […]

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Supreme Court Issues Decision on Treble Damages

On the subject of willful infringement, 35 U.S.C. § 284 provides that, “[T]he court may increase the damages up to three times the amount found or assessed.‚¬ On its face, the statute allows for broad discretion by the district courts, but the Federal Circuit set out a stricter standard for awarding of enhanced damages, as […]

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Federal Circuit Reverses PTAB Obviousness Decision for the Board’s Failure to Adequately Articulate an Obviousness Rationale

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 […]

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