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IP Intelligence
Federal Circuit Provides Guidance on Use of Common Sense in Obviousness Analysis
By Sarah Dukmen
Last week, in Arendi S.A.R.L. v. Apple, the Federal Circuit reversed a Patent Trial and Appeal Board (PTAB) finding of invalidity in an inter partes review that relied on “common…
IP Intelligence
Defend Trade Secrets Act – A Budding Avenue for Trade Secret Enforcement
In June, agriculture giant Monsanto was the first to use the Defend Trade Secrets Act (DTSA) by filing a federal suit in the Eastern District of Missouri naming one former…
IP Intelligence
PTO Provides Additional Guidance on Patent Eligibility of Life-Sciences Method Claims
By Allen Sokal
On July 14, 2016, the PTO sent a memorandum to the examining corps regarding the recent rulings in Rapid Litigation Management Ltd. v. Cellzdirect, Inc., Appeal No. 2015-1570 (Fed.…
IP Intelligence
Brexit May Stall Implementation of EU’s New Unitary Patent and Patent Court Systems
By Jacob Huh
New unified patent grant and patent court systems, which were to have taken effect in early 2017, will likely be stalled because of Britain’s June vote to leave the EU,…
IP Intelligence
Federal Circuit Helps Clarify What Constitutes a Commercial Sale under Pfaff
In The Medicines Co. v. Hospira Inc., Appeal No. 2014-1469 (Fed. Cir. July 11, 2016), the Federal Circuit issued a unanimous en banc decision ruling that the on-sale bar was…
IP Intelligence
Federal Circuit Provides Additional Guidance in Reversing Holding of Patent-Ineligibility of Biotech Invention
By Allen Sokal
Although it is not yet a bright line, the Federal Circuit has considerably decreased the fuzziness of the distinction between patent-eligible and patent-ineligible inventions, at least where the exception to…
IP Intelligence
Federal Circuit Confirms That the BPCIA Always Requires Post-Licensure Notice
By Gary Levin, Rik Parker
The Federal Circuit answered one of the questions left open by its July 27, 2015, decision in Amgen Inc. v. Sandoz Inc. (Appeal No. 2015-1499): whether the 180-day commercial marketing…
IP Intelligence
A Darker Shade of Red Flags: Second Circuit Raises the DMCA Bar for Proving Internet Service Providers’ Knowledge of Copyright Infringement
In a significant across-the-board victory for internet service providers hosting user-generated content (UGC), on June 16, 2016, the Second Circuit Court of Appeals issued its much anticipated decision in Capitol…
IP Intelligence
CAFC Hands Down Significant § 101 Decision in Bascom Global Internet
In Bascom Global Internet v. AT&T Mobility LLC, Bascom Global sued for infringement of US Patent No. 5,987,606, titled “Method And System For Content Filtering Information Retrieved From An Internet…
IP Intelligence
Sole Relief from the International Trade Commission
On June 23, 2016, the U.S. International Trade Commission (“ITC”) issued a decision in the closely watched Converse proceeding, invalidating one of Converse’s trademarks for its iconic Chuck Taylor shoes…