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  • Article

    ITC Institutes Investigation (337-TA-1264) In Certain High-Potency Sweeteners

    On May 11, 2021, the ITC issued a Notice of Investigation in Certain High-Potency Sweeteners, Processes for Making Same, and Products Containing Same (Inv. No. 337-TA-1264).
    United StatesIntellectual Property
    Oblon
    Oblon
  • Article

    ITC Issues General Exclusion Order In Certain Vacuum Insulated Flasks (337-TA-1216)

    On January 5, 2022, the Commission a notice of its final determination of a violation of section 337 and issuance of a general exclusion order in Certain Vacuum Insulated Flasks and Components Thereof.
    United StatesIntellectual Property
    Oblon
    Oblon
  • Article

    Oblon Files Petition For Certiorari In PTAB Standing Issue In JTEKT vs. GKN Automotive LTD.

    JTEKT's petition for certiorari frames the issue as whether Congress conferred standing to IPR petitioners through the IPR statutory scheme.
    United StatesIntellectual Property
    Oblon
    Oblon
  • Article

    Sequenom v. Ariosa: The Saga Continues…

    Three years after a previous legal battle between Sequenom and Ariosa ended in a difficult loss for Sequenom (in what some commentators have characterized as a misapplication ...
    United StatesIntellectual Property
    Oblon
    Oblon
  • Article

    FDA Stays Juul Ban, Announces Plan To Implement New Policies

    On June 23, 2022, the FDA banned the sale of Juul's tobacco-and menthol-flavored products. The agency's reasoning was that Juul's applications did not have sufficient toxicological...
    United StatesFood, Drugs, Healthcare, Life Sciences
    Oblon
    Oblon
  • Article

    COVID-19 IP Policy Tracker

    Now is a time of great uncertainty for all of us as the COVID-19 pandemic has affected many of us personally and professionally. Most Intellectual Property Offices around the world have taken...
    United StatesIntellectual Property
    Oblon
    Oblon
  • Article

    Innovamed Files New 337 Complaint Regarding Certain Pneumatic Compression Devices

    On April 29, 2022, Precision Holdings USA Inc. of Rocklin, California and Innovamed Health LLC of San Antonio, Texas (collectively, "Complainants") filed a complaint requesting that the ITC commence...
    United StatesIntellectual Property
    Oblon
    Oblon
  • Article

    PIV Notice Need Not Address All Claims To Preserve Rights

    In Bausch Health Ireland v. Mylan Pharms. N.D. WV., 1:22CV20 Bausch moved for judgment of infringement on the pleadings under Rule 12(c) to prevent Mylan's...
    United StatesIntellectual Property
    Oblon
    Oblon
  • Article

    The Globalization Of U.S. Patent Law: May Risk Infringement Even Without Significant U.S. Presence

    The Globalization of U.S. Patent Law: May Risk Infringement Even Without Significant U.S. Presence.
    United StatesIntellectual Property
    Oblon
    Oblon
  • Article

    USPTO Issues AI Subject Matter Eligibility Guidance

    The U.S. Patent and Trademark Office (USPTO) has issued an update to the guidance on patent subject matter eligibility to address artificial intelligence
    United StatesIntellectual Property
    Oblon
    Oblon
  • Article

    USPTO To Accept New Applications To IP5 PCT Collaborative Search And Examination (CS&E) Pilot

    The five largest intellectual property offices in the world (IP5) launched this pilot on July 1, 2018.
    United StatesIntellectual Property
    Oblon
    Oblon
  • Article

    What Part Of "And" Don't You Understand?

    The USPTO recently identified several decisions as informative. While not binding, an informative decision provides guidance for patent applicants, examiners and the PTAB.
    United StatesIntellectual Property
    Oblon
    Oblon
  • Article

    COVID-19 Update

    Oblon has already undertaken efforts to protect its employees and guests as well as certain pro-active steps to provide continuing, uninterrupted service to our clients.
    United StatesFood, Drugs, Healthcare, Life Sciences
    Oblon
    Oblon
  • Article

    New Legislation Supports Biosimilar Drugs, Clarifies Qualifications For Obtaining FDA Exclusivity

    The uncertainty surrounding the patentability of biologics has led the industry to search for potential alternatives to patent protection.
    United StatesFood, Drugs, Healthcare, Life Sciences
    Oblon
    Oblon
  • Article

    ALJ McNamara Finds Violation Of Section 337 In Certain Plant-Derived rHSAs (337-TA-1238)

    On May 5, 2022, ALJ MaryJoan McNamara issued the public version (Part I, Part II) of her April 7, 2022 initial determination ("ID")...
    United StatesIntellectual Property
    Oblon
    Oblon
  • Article

    Chief ALJ Bullock Issues Initial Determination Of Violation Of Section 337 In Certain Cloud-Connected Wood-Pellet Grills (337-TA-1237)

    On December 6, 2021, Chief ALJ Charles E. Bullock issued a notice of his initial determination ("ID") finding a violation of section 337...
    United StatesIntellectual Property
    Oblon
    Oblon
  • Article

    "Clearing Out Invalid Patents" Insufficient For Declaratory Judgment Jurisdiction

    In the recent AIDS Healthcare Foundation v. Gilead opinion, the Federal Circuit considered whether AHF's desire to "‘clear out the invalid patents' so that it ‘would have the ability ...
    United StatesIntellectual Property
    Oblon
    Oblon
  • Article

    Commission Issues Public Version Of Opinion In Certain Foldable Reusable Drinking Straws (337-TA-1183)

    Further to our February 5, 2021 post, the Commission issued the public version of its opinion on remedy, public interest, and bonding in Certain Foldable Reusable Drinking Straws and...
    United StatesIntellectual Property
    Oblon
    Oblon
  • Article

    Drafting AI Claims In A Way That Infringement Is Detectable

    Drafting claims with infringement in mind has always been a challenge. For instance, claims should be drafted to ensure that they can be infringed by a single party in order to address divided infringement issues.
    United StatesIntellectual Property
    Oblon
    Oblon
  • Article

    Federal Circuit Upholds PTAB Finding Of Obviousness In Pfizer vs. Sanofi

    In Pfizer Inc. vs. Sanofi Pasteur Inc., the Federal Circuit upheld the Patent Trial and Appeal Board (PTAB) decision to invalidate portions of Pfizer's pneumococcal...
    United StatesIntellectual Property
    Oblon
    Oblon

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