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  • Article

    How SAS Has Focused Courts' Approaches To IPR Estoppel

    US courts have struggled with applying the IPR estoppel provisions since the America Invents Act (AIA) was enacted.
    United StatesIntellectual Property
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  • Article

    ITC Institutes Investigation (337-TA-1246) In Certain Integrated Circuits

    On February 8, 2021, the ITC issued a Notice of Investigation in Certain Integrated Circuits and Products Containing the Same (Inv. No. 337-TA-1246).
    United StatesIntellectual Property
    Oblon
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Article

Juul Labs Files New 337 Complaint Regarding Certain Electronic Nicotine Delivery Systems

On October 3, 2018, Juul Labs, Inc. of San Francisco, California ("JLI") filed a complaint (part 1 and part 2) requesting that the ITC commence an investigation pursuant to Section 337.
United StatesIntellectual Property
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  • Article

    Obviousness Of Compounds Having "Significant Structural And Functional Similarities" With Known Compounds

    Mylan Pharmaceuticals Inc. and others ("Mylan") appealed from the District Court's grant of summary judgment that claim 8 of U.S. Patent 8,552,025 owned by Valeant Pharm.
    United StatesIntellectual Property
    Oblon
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  • Article

    Patent Strategy And the Internet Of Medical Things

    James Love wrote an article entitled "Patent Strategy and The Internet of Medical Things," featured in Med Device Online.
    United StatesIntellectual Property
    Oblon
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  • Article

    Patenting Of Multi-Disciplinary Subject Matter – Personalized Medicine

    Personalized medicine is especially intriguing, as a problem with most drugs are the potential side effects. From a naive perspective, administering drugs may appear...
    United StatesIntellectual Property
    Oblon
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  • Article

    Pendulum Swinging Back In AI Direction?

    Artificial Intelligence (AI) is a loaded technology buzzword that comes in different forms in various commercial products.
    United StatesIntellectual Property
    Oblon
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  • Article

    Virginia Tech's Innovation Campus To Spawn New Patent Ecosystem In Northern Virginia

    In mid-November 2018, Amazon grabbed headlines when it announced it will build part of its new headquarters in Northern Virginia.
    United StatesIntellectual Property
    Oblon
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  • Article

    Written Description: Picking And Choosing And Blaze Marks

    In a non-precedential decision issued by the U.S. Court of Appeals for the Federal Circuit (FWP IP APS v. Biogen MA, Inc., October 24, 2018 ...
    United StatesIntellectual Property
    Oblon
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  • Article

    Anything You (Are Required To) Say May Be Used Against You (As Prior Art): Federal Circuit Upholds Invalidity Based On Mandatory Publication Of Clinical Trial Protocol

    Clinical trials are a critical part of the development and approval process for drugs, biologics, and medical devices. The lengthy and public nature of clinical trials, however, can create challenges...
    United StatesFood, Drugs, Healthcare, Life Sciences
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  • Article

    Natural Alternatives - Claim Construction Defeats A 101 Challenge On The Pleadings

    The district court's decision arouse out of a motion for judgment on the pleadings filed by Creative.
    United StatesFood, Drugs, Healthcare, Life Sciences
    Oblon
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  • Article

    Are You Actually A Joint Inventor?

    The Court of Appeals for the Federal Circuit (CAFC), on May 2, 2023, reversed the Delaware District Court's decision in HIP, Inc. v. Hormel Foods Corp., that David Howard of Unitherm should be added as a joint inventor on US 9,980,498, a patent owned by Hormel and directed to methods of precooking bacon and meat pieces.
    United StatesIntellectual Property
    Oblon
    Oblon
  • Article

    Are You Actually A Joint Inventor?

    CAFC, on May 2, 2023, reversed the Delaware District Court's decision in HIP, Inc. v. Hormel Foods Corp., that David Howard of Unitherm should be added as a joint inventor on US 9,980,498 (herein, the ‘498 patent), …
    United StatesIntellectual Property
    Oblon
    Oblon
  • Article

    Claims To A Spread-Spectrum Method For Sending Data Over A Communications Channel Are Patent Ineligible Under Section 101

    Plaintiff Zyrcuits IP LLC has sued Defendants Acuity Brands, Inc. and Universal Electronics Inc. for infringement of claim 4 of U.S. Patent No. 6,671,307 (the ‘307 patent).
    United StatesIntellectual Property
    Oblon
    Oblon
  • Article

    Hyper Ice Files New 337 Complaint Regarding Certain Percussive Massage Devices

    On June 17, 2020, Hyper Ice, Inc. of Irvine, California ("Hyper Ice") filed a complaint (part 1, part 2, and part 3) requesting that the ITC commence an investigation pursuant to Section 337
    United StatesIntellectual Property
    Oblon
    Oblon
  • Article

    IPL v. Sony: Federal Circuit Holds PTAB Did Not Violate Mandate Rule And Affirms Obviousness Determination

    In Intellectual Pixels Limited v. Sony Interactive Entertainment LLC, the Federal Circuit affirmed a Patent Trial and Appeal Board decision holding claims 1-12 of U.S. Patent No. 10,681,109 unpatentable as obvious.
    United StatesIntellectual Property
    Oblon
    Oblon
  • Article

    NHK-Fintiv Rule - APA Violation?

    I recently wrote an article (NHK-Fintiv Rule Challenges Look Futile at Federal Circuit) about a Federal Circuit decision that dismissed Mylan's appeal of a PTAB decision...
    United StatesIntellectual Property
    Oblon
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  • Article

    PTAB Denies Motion To Amend Claims After Determining The Term "High Pressure" Is Indefinite

    The Patent Trial and Appeals Board denied U.S. Well Services, LLC's (the Patent Owner) Motion to Amend the claims of U.S. Patent No. 10,254,732 B2 (the ‘732 Patent) during inter partes review...
    United StatesIntellectual Property
    Oblon
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  • Article

    The PTAB Weighs In On Obvious-Type Double Patenting And PTA

    Congress sought to keep Patent Office delays from prejudicing a patentee by granting PTA to compensate for the Patent Office delays.
    United StatesIntellectual Property
    Oblon
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  • Article

    USPTO's Patent Term Adjustment Policies Reigned In Yet Again

    Since the Federal Circuit's decision in Wyeth v. Kappos, 591 F.3d 1364, 93 U.S.P.Q. 2d 1257 (Fed. Cir. 2010), aff'g, Wyeth v. Dudas, 580 F. Supp. 2d 138, 88 U.S.P.Q.2d 1538 (D.D.C. 2008), which held that the USPTO was ...
    United StatesIntellectual Property
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