Patent claims must be directed to one of four statutory categories and must not be directed to a judicial exception unless the claim as a whole includes additional limitations amounting to significantly more than the exception. The judicial exceptions identified
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5 Federal Circuit Patent Cases You Need To Know
The US Court of Appeals for the Federal Circuit (the Federal Circuit) is an appeals court that was established under Article III of the US Constitution on October 1, 1982. The Federal Circuit is a merger of the US Court
Enablement, Anticipation, and Claim Strategy: Rethinking Biotech Patent Drafting Post-Agilent
For anticipation under 35 U.S.C. § 102, a prior art reference must disclose each and every element of the claimed invention, and such disclosure must be enabling. The recent Federal Circuit decision in Agilent Technologies, Inc. v. Synthego Corp., Nos.
Six Actions to Take to Ensure Your Trade Secret Stays Secret
Trade secrets are a form of Intellectual Property (IP) protection for companies’ proprietary information. Trade secret protection covers any confidential information that is both unknown by others and also provides the company with a competitive edge or economic advantage in
A Path to Antibody Protection
In the wake of the 2023 Supreme Court’s decision in Amgen, Inc. v Sanofi, the remaining means by which patent practitioners can claim antibodies while satisfying the requirements of 35 U.S.C. § 112 remained unclear. The case, In re Xencor,
A DMCA Takedown notice is a powerful tool if done correctly.
Are Your Copyright Infringement Takedown Notices Going Nowhere? Online Companies May Have Misled You Into Submitting a Non-Compliant DMCA Takedown Notice.
A DMCA Takedown notice is a powerful tool in a copyright owner’s arsenal to remove infringing content from popular
Do You Have a Patent Infringement Problem?
Have you or your company run into a utility patent that makes you ask: “do we have an infringement problem?”
Perhaps you received a threatening “cease and desist” letter from a competitor who claims to own a patent that prevents
Navigating Complex Federal Regulations When Protecting Your Cannabis Brands
In 2018, Congress passed the Agricultural Improvement Act, also known as the “2018 Farm Bill.” This legislation removed hemp, defined as cannabis (Cannabis sativa L.) and its derivatives containing delta-9 THC concentration levels not exceeding 0.3% on a
20 March 2024 USPTO Alert: USPTO ensures robust and reliable patents through examiner training on searching for prior art in FDA and NIH databases
Takeaways: FDA databases may contain useful information about the patentability of drugs and validity of drug patents. Also, remember that documents submitted to FDA and NIH may be material to patentability and, if so, should be disclosed to the USPTO
The 7 Things You Don’t Say (In Writing) When Your Company is Accused of Patent Infringement
By Ramey Orow and Doug Robinson
Most people have had a moment where they’ve said, “I wish they hadn’t put that in writing.” There’s also no shortage of high-profile litigations where a company’s internal emails and memos became very