In the United States, the scale of trade secret theft is estimated to be between $180 billion and $450 billion annually. Among the targets of this theft are pharmaceutical companies, which are some of the most research-intensive institutions in the
The Patent Playbook
Key Insights on Trends and Legal Developments in Patent Law
The Patent Playbook, published by Proskauer Rose LLP, focuses on issues related to patent law and intellectual property strategy. It covers topics such as patent litigation, inter partes review (IPR) proceedings, patent validity and enforceability, inventorship especially in the context of AI-assisted inventions, venue considerations in patent disputes, and the alignment of patent claims with regulatory approvals. The blog also addresses emerging technologies including artificial intelligence and blockchain, and their impact on patent eligibility and innovation policies. It provides analysis of recent court decisions, government initiatives, and regulatory guidance affecting patent prosecution and enforcement strategies.
Latest from The Patent Playbook - Page 6
When (Patent) Success Isn’t Obvious
In Univ. of Strathclyde v. Clear-Vu Lighting LLC, the Federal Circuit grappled with the issue of whether claims directed to methods and systems for inactivating bacteria using blue light were obvious in view of a prior art combination that…
Juno v. Kite: Written Description and Claiming Antibodies and Chimeric Antigen Receptors—Lessons for Patent Prosecutors
The Federal Circuit recently reversed a jury verdict and billion-dollar judgment in favor of Juno Therapeutics on the grounds that the asserted claims did not satisfy the written description requirement of 35 U.S.C. § 112. See Juno Therapeutics, Inv. v.
Arbitration Clause Not Binding on the United States Patent Office
The Federal Circuit’s recent ruling in MaxPower Semiconductor Inc. et al v. Rohm Semiconductor USA, LLC highlights the interplay between the liberal federal policy favoring arbitration agreements and the Patent Trial and Appeal Board’s (“PTAB”) authority as an agency tribunal…
A Reminder of Doctrine of Equivalents in Biotechnology: Jennewein Biotechnologie GmbH v. International Trade Commission
Doctrine of equivalents (DOE) can be applied as a mechanism to hold a party liable for patent infringement even if the product or process does not literally infringe a patent claim, if the difference is “insubstantial”. Warner-Jenkinson Co. v. Hilton…
Calls for USPTO to Adopt Policies to Modulate Drug Pricing
In the wake of the nomination of Kathi Vidal as Director of the USPTO, there will be significant attention paid to the agency’s responses to calls from both the executive and legislative branches to remake the agency’s perceived role in…
In the Orphan Drug Approval Race, Winner Takes All? Ramifications of Catalyst Pharms. v. Becerra
How is orphan drug exclusivity affected when the FDA-approved use for an orphan drug is arguably narrower than the treatment of the rare disease it was designated for?
By way of background, a sponsor can obtain orphan drug exclusivity when…
U.S. Medical Device Manufacturers Should Take Note of New European Medical Device Regulations
The European Union has been a leader in recent years when it comes to regulatory reform intended to protect individuals’ privacy, safety, and health. As Europe leads the way, regulators in the United States often follow suit on the federal…
“About-Face” Representations to FDA Will Be Used Against You
Confronting a life sciences patentee with its statements to regulatory bodies (such as the FDA) is a textbook defense strategy in patent litigation. After all, communications with regulatory bodies are often performed by non-attorneys who may not appreciate the consequences…
Update on Artificial Intelligence: Court Rules that AI Cannot Qualify As “Inventor”
Striking a blow to patent applicants seeking to assert inventorship by artificial intelligence (“AI”) systems, the U.S. District Court for the Eastern District of Virginia ruled on September 3, 2021 that an AI machine cannot qualify as an “inventor” under…