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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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Tracking the Mayo Effect: Study Examines Personalized Medicine Patent Applications after SCOTUS Decision

The US Supreme Court decided Mayo Collaborative Servs. v. Prometheus Labs. in 2012, effectively redefining the scope of patent eligible subject matter, particularly with respect to biotechnology and personalized medicine. Subsequent decisions by the Court in Myriad and Alice have confirmed what many prognosticators had predicted: a wide-spread broadening of the judicially-created exceptions to patent […]

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Federal Circuit Recognizes Patent “Agent”Privilege

The attorney-client privilege has not previously been extended to cover communications between U.S. patent applicants and non-attorney patent agents. That is about to change. In a recent decision, In re: Queen’s University at Kingston, the Federal Circuit recognized that communications between U.S. patent applicants and non-attorney patent agents should receive some degree of privilege. In […]

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Intellectual Property Protection Options for Software

In a previous blog post, I discussed some of the recent updates issued by the United States Patent and Trademark Office regarding patent eligible subject matter and software patents. As anyone who deals with software patents is aware, there is a lot of uncertainty as to whether software is patent eligible subject matter. While the […]

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Intellectual Property Protection Options for Software

In my last blog post, I discussed some of the recent updates issued by the United States Patent and Trademark Office regarding patent eligible subject matter and software patents. As anyone who deals with software patents is aware, there is a lot of uncertainty as to whether software is patent eligible subject matter. While the […]

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Apple and Fitbit Sued Over Wearable Physiological Monitoring

For many, the start of a new year is a time for setting New Year’s resolutions. Many of these resolutions will include goals for the year, like saving money, paying off debts, volunteering in the community more, and living a healthier lifestyle. Living a healthier lifestyle and/or getting in better shape are always popular resolutions. […]

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Applying the USPTO Guidance on Patent Eligibility of Software

                The Supreme Court’s June 25, 2014 decision in Alice Corp. Pty. Ltd. v. CLS Bank International, et al., was anticipated as being the case to decide once and for all whether software is patentable. Many were worried the decision would cause the demise of software patents while others hoped it would secure the future […]

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