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CRISPR Technologies: Overcoming Patentability Challenges in an Increasingly Difficult Patent Landscape

By Sarah M.D. Luth

The term “CRISPR,” which is an acronym for Clustered Regularly Interspaced Short Palindromic Repeats, generally refers to RNA-guided genome editing technology used to engineer the genetic material of organisms with high accuracy and precision. It has wide applications in a variety of fields including genetics, biology, agriculture, medicine, and digital data storage, to name a […]

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Patent Owners can Recover for Lost Foreign Profits

By Blog Staff

On June 22, 2018, in WesternGeco, LLC v. ION Geophysical Corporation, the Supreme Court held that patent owners can recover for lost foreign profits based on 35 U.S.C. § 271(f)(2). The statute states that “[W]however without authority supplies or causes to be supplied in or from the United States any component of a patented invention […]

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Inter Partes Review Proceedings (IPRs) Survive First Constitutional Challenge, But Court Opinion Opens Door to Further Challenges

By Jonathan L. Kennedy

On April 24, 2018, I had posted regarding the U.S. Supreme Court being held in a 7-2 decision (Justice Gorsuch and Chief Justice Roberts dissenting),Oil States Energy Servs. v. Greene’s Energy Group, LLC, that the Inter Partes Review proceedings, commonly referred to as IPRs, do not violate Article III or the Seventh Amendment of the […]

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U.S. Patent Number 10 Million

By Kirk M. Hartung

Last week, the U.S. Patent and Trademark Office (USPTO) reached a new milestone, with issuance of patent number 10 million. This patent is entitled Coherent LADAR Using Intra-Pixel Quadrature Detection, and relates to a laser detection system for various industries, such as medical imaging and autonomous vehicles. The patent is owned by Raytheon Company, of […]

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Federal Circuit Defines “manufactured” Pursuant to 28 U.S.C. § 1498

By Blog Staff

In FastShip, LLC v. United States, decided on June 5, 2018, the United States Court of Appeals for the Federal Circuit (CAFC) defined the term “manufactured” pursuant to 28 U.S.C. § 1498. The statute states that a patent owner can sue the U.S. government for infringement when “an invention [covered by a U.S. patent] is […]

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A Commentary on Women in the Profession and MVS

By Heidi Sease Nebel

A recent article appeared in the Lexis Nexis news piece “Law360”, describing the dismal results of their annual “Glass Ceiling Report”. The article concluded that there had been “limited progress” for female attorneys in a male-dominated profession. Women have represented over 40% of law school students for decades, according to the American Bar Association, yet, […]

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Patent Eligibility of Bioinformatics Innovations

By Sarah M.D. Luth

Bioinformatics has increasingly become of interest in the last decade. Bioinformatics generally refers to the use of computational methods used to compile, analyze, visualize effects, and predict trends or outcomes for oftentimes large data sets. Bioinformatics tools can be applied to gene regulation, immunology, drug repositioning, drug identification, and virtually any other application where a […]

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Federal Circuit Clarifies Means-Plus-Function Limitations

By Blog Staff

On June 1st, in Zeroclick, LLC v. Apple Inc, the United States Court of Appeals for the Federal Circuit (CAFC) vacated and remanded a district court decision that several patent claims asserted against Apple Inc. were invalid. The district court held that the claims contained means-plus-function limitations and that the specifications did not disclose sufficient […]

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Fraudulent Invention Development Company Banned

By Kirk M. Hartung

Last month, the Federal Trade Commission announced the settlement of a lawsuit against an invention development company which permanently enjoins the company from further business due to fraudulent and deceitful conduct with inventors. Scott Cooper and his companies, World Patent Marketing and Desa Industries, Inc., used bogus success stories to get clients to pay thousands […]

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Federal Circuit Judges Encourage Congress to Act on Patent Eligibility

By Kirk M. Hartung

Patent eligibility under 35 U.S.C 101 has been a hot topic in the past few years and in view of several U.S. Supreme Court decisions, including the 2014 caseAlice Corp. Pty. Ltd. V. CLS Bank Int’l, 134 S. Ct. 2347.  In Alice, the Supreme Court concluded that abstract ideas are not patentable, absent something more, […]

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