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New Grape Varieties – Raisin Awareness of Plant Patents

By Brian D. Keppler, Ph.D.

You may have noticed more options for grapes at your local grocery store in recent years. In addition to the typical red, black, and green grapes that have always been available, there are now unusual shapes and unique flavors including those grapes that that taste like cotton candy! But have you thought about how these […]

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Known Method of Administering a Known Treatment Made by a New Process is Not Novel

By Julie L. Spieker

On September 28, 2020, in Biogen Ma Inc. v. EMD Serono, Inc, the US Court of Appeals for the Federal Circuit (“Federal Circuit”) reversed a district court’s grant of judgment as a matter of law of no anticipation, reinstating a jury verdict. The claims at issue in Biogen’s patent cover the multiple sclerosis treatment Avonex […]

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Practitioners Beware: Hidden MPEP Rule Change May Cause Significant Impacts to After Final Practice

By Blog Staff

With the most recent revision to the Manual of Patent Examining Procedure (MPEP) in June 2020, practitioners have noticed a subtle, but potentially significant modification to one of the MPEP sections. The relevant section pertains to a change to the first-action final rejection (FAFR) practice under 706.07(b), ultimately broadening the criteria to issue a FAFR […]

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USPTO to Provide a Deferred-Fee Provisional Patent Application Pilot Program

By Luke T. Mohrhauser

In yet another effort to encourage innovation to combat COVID-19, the United States Patent and Trademark Office recently announced a pilot program that attempts to expedite the protection and disclosure of innovations. The pilot program, titled “Deferred-Fee Provisional Patent Application Pilot Program and Collaboration Database to Encourage Inventions Related to COVID-19”, allows inventors to file […]

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Federal Circuit Reinstates Patent Claims Previously Found Obvious by Patent Trial and Appeal Board

By Julie L. Spieker

On July 31, 2020, in the precedential opinion Alacritech, Inc. v. Intel Corp., the United States Court of Appeals for the Federal Circuit (hereinafter the “Federal Circuit”) reinstated three claims of Alacritech’s patent, holding that the Patent Trial and Appeal Board (hereinafter the “Board”) did not adequately support its finding that the asserted prior art […]

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The Verdict is In – Implications on the Supreme Court Ruling Regarding Attorney’s Fees

By Blog Staff

The United States Supreme Court unanimously ruled on December 11, 2019, that the United States Patent and Trademark Office (USPTO) cannot demand repayment of attorney’s fees in district court proceedings brought under 35 U.S.C. § 145. For a summary of the arguments presented during oral arguments, see the author’s previous post here. The opinion written […]

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IP Post-Brexit: What Does the “FEUture” hold?

By Julie L. Spieker

On December 12, the United Kingdom (UK) will hold a general election, in which Prime Minister Boris Johnson hopes to secure a clear majority so as not to lose the prospect of Brexit after failing to leave the European Union (EU) by the end of October as previously promised. Currently, Johnson enjoys a healthy lead […]

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Meet DABUS: An Artificial Intelligence Machine Hoping to Maintain Two Patent Applications in its own Name

By Blog Staff

Three patent offices face questions stemming from the growing implications of artificial intelligence (AI) disrupting the intellectual property legal framework. The United States Patent Office (USPTO), European Patent Office (EPO), and United Kingdom Intellectual Property Office (UKIPO) recently received two patent application filings directed to a beverage container and a flashing device used for attracting […]

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Drafting the Fine Print: Every Word is Significant in a License Agreement

By Blog Staff

Licensing agreements can be both complex and extensive, however, diligence must be exercised in ensuring that the scope of rights to be transferred are clearly defined. The failure to do so may result in disputes over the interpretation of licensing agreements, where each word and phrase may be painstakingly scrutinized in court. Such disputes arose […]

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First Cannabis-Related Patent Makes its Way through the Federal Courts: What it Teaches, and What it Does Not

By Blog Staff

In the past 25 years, there has been substantial growth surrounding the developments within the cannabis industry, particularly involving intellectual property protections. With legalization of cannabis gaining traction across the United States, any court guidance can provide a foundation for those seeking patent protection. Opportunely, on April 17, 2019, The District Court for the District […]

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