We wrote recently about a summary judgment decision in which Judge Indira Talwani found certain asserted claims of two patents on a type of breakable screw to be obvious in light of the prior art. This ruling came even though the patentee had produced
New England IP Blog
Covering intellectual property developments in New England, and other developments that impact New England companies.
The New England IP Blog, published by Proskauer Rose LLP, focuses on intellectual property law developments, including patent eligibility, trademark disputes, inventorship issues, and litigation strategies. It covers topics such as USPTO guidance on patent subject matter eligibility, enforcement of trademark injunctions and settlement agreements, patent inventorship controversies, venue considerations in patent litigation, and related procedural matters. The blog provides updates and analysis relevant to practitioners and stakeholders involved in IP prosecution, enforcement, and dispute resolution, with an emphasis on cases and policies affecting the New England region and broader U.S. intellectual property law landscape.
Latest from New England IP Blog - Page 8
Final Judgment Prescribed For Antibody Patent After Double Patenting Decision
We previously wrote about Judge Wolf’s decision to invalidate Janssen Biotech, Inc.’s (“Janssen”) biopharmaceutical patent (U.S. Patent No. 6,284,471 (the “’471 Patent”)), based on the doctrine of obviousness-type double patenting.
Celltrion Healthcare Co. Inc. (“Celltrion”) subsequently moved the court for…
Accused Infringer Secures Patent Invalidity in Eyeglass Screw Case
Declaratory judgment actions can be a useful way for entities threatened with patent infringement to go on the offensive. In one such matter in the District of Massachusetts, a declaratory judgment plaintiff turned the tables on a patentee by invalidating…
In Autoimmune Disorder Diagnosis Patent Case, Section 101 Motion to Dismiss Denied
In a recent decision from the District of Massachusetts, Judge Indira Talwani denied a motion to dismiss a patent suit under Rule 12(b)(6) for failure to state a claim due to patent ineligibility under 35 U.S.C. § 101 . In…
Double Patenting Decision Delivers Bitter Pill To Antibody Patent
In a recent decision on obviousness-type double patenting, Judge Wolf shortened the shelf life of a dispute between Janssen Biotech, Inc. (“Janssen”) and Celltrion Healthcare Co. Inc. (“Celltrion”), relating to a biopharmaceutical patent covering a particular antibody.
In March, 2015,…
Need for Illumination of Maximum Recovery Rule Warrants Interlocutory Appeal
By Micah Miller
Chief Judge Patti B. Saris of the District of Massachusetts recently issued an order paving the way for the Trustees of Boston University to seek an interlocutory appeal to clarify the Maximum Recovery Rule for remittitur.
Back in November 2015, a jury…
AIPF 2016 Annual Meeting in Boston
The Association of Intellectual Property Firms (AIPF) is hosting its 2016 Annual Meeting in Boston. AIPF is an international association of independent specialty law firms that specialize in patent, trademark, and copyright law. This year’s meeting is titled “The Challenge…
Edible Arrangements’ Trademark Case Bears Fruit
In a recent decision, Judge Vanessa L. Bryant shed some light on a significant new issue: trademark infringement in the world of internet keyword advertising. In a case with important implications for online marketing strategies, Judge Bryant denied Provide Commerce’s…
Halo Shines Bright in D. Mass.
By Brendan Cox
A recent order from the District of Massachusetts sheds light on how the Supreme Court’s June 2016 decision in Halo Electronics v. Pulse Electronics is being interpreted by the district courts. The Memorandum and Order by Chief Judge Patti B. Saris denied a request for…
Lights Out for Invalidity and Unenforceability Counterclaims After PTAB Invalidates Design Patent
By Micah Miller
Flipping the switch on the last remaining claims in the case, a Massachusetts Court recently dismissed as moot two defendants’ counterclaims for declaratory judgment of invalidity and unenforceability following a PTAB decision invalidating the asserted patent.
In 2013, Maureen Reddy…