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 →
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 →
Federal Circuit Vacates $2.75 Billion Ruling Against Cisco Because Judge’s Spouse Owned $5,000 of Cisco Stock By Julie L. Spieker Today, the Court of Appeals for the Federal Circuit reversed a decision holding that Cisco willfully infringed several patents owned by Centripetal Networks, Inc. The District Court for the Eastern District of Virginia had awarded enhanced damages and royalties exceeding $2.75 billion to Centripetal. The Federal Circuit held that the district court judge was disqualified […] Continue Reading →
New Path to Accelerated USPTO Examination with the Climate Change Mitigation Pilot Program By Jill N. Link, Pharm.D. A few weeks back my colleague posted here about how to receive faster examination before the United States Patent and Trademark Office (USPTO). Now there is another avenue available for inventions related to climate change. On June 3, 2022 the USPTO announced a Climate Change Mitigation Pilot Program to speed up examination for certain types […] Continue Reading →
Federal Circuit dismisses another appeal by Apple Inc. By Joseph M. Hallman On November 10, 2021, in Apple Inc. v. Qualcomm Incorporated (Apple v. Qualcomm), the United States Court of Appeals for the Federal Circuit (“Federal Circuit”) dismissed Apple Inc.’s (“Apple”) consolidated appeal from four decisions made by the Patent Trial and Appeal Board (“PTAB”). The PTAB held that claims of patents owned by Qualcomm Incorporated (“Qualcomm”) […] Continue Reading →
Congressman/Inventor Introduces Legislation to “Fix” U.S. Patent System By Kirk M. Hartung On November 4th, Kentucky Representative, Thomas Massie, who is the named inventor on two dozen patents, has introduced a bill to the House Judiciary Committee which, if passed, would significantly change U.S. patent laws. The bill seeks to nullify some provisions of the America Invents Act (AIA) passed in 2011, as well as reverse some […] Continue Reading →
Psilocybin Patents Demonstrate Growth in the Psychedelics Market By Sarah M.D. Luth Public and medical interest in the use of psychedelics has steadily been expanding since the 1990s. Psilocybin is one of the most well-known psychedelic compounds. Psilocybin, also known as “magic mushrooms” is a compound produced by several species of fungi, and which has both psychoactive and hallucinogenic properties. Although psilocybin is still considered a Schedule […] Continue Reading →
Proposed rulemaking to implement WIPO Standard ST.26 By Brian D. Keppler, Ph.D. Patent applications containing nucleic acid or protein sequences will be required to submit a sequence listing in compliance with the new WIPO Standard ST.26 beginning on January 1, 2022. With the implementation of the new standard coming soon, the USPTO has issued a notice of proposed rulemaking to revise the rules of practice for submitting […] Continue Reading →
What is Assignor Estoppel and What Implications Remain Post Minerva? By Blog Staff Particularly within the patent industry, it is common to see that an employment agreement contains a provision where an employee agrees to assign the rights in any future inventions developed during the course of employment to the employer. Provided the prevalence of assignments filed in patent applications, inventors and patent owners should be aware as […] Continue Reading →
Federal Circuit clarifies the “teaches away” doctrine and the “substantial evidence” requirement when making an obviousness determination By Joseph M. Hallman On July 22, 2021, in Chemours Company FC, LLC v. Daikin Industries, Ltd. (“Chemours v. Daikin”), the United States Court of Appeals for the Federal Circuit (“Federal Circuit”) reversed a decision made by the Patent Trial and Appeal Board (“PTAB”). In two inter partes reviews (“IPRs”) filed by Daikin Industries, Ltd. (“Daikin”), the PTAB held […] Continue Reading →