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  • Article

    Method-of-Treatment Claims, Comprising Excluding Certain Patients From Treatment, Found To Be Patent-Ineligible Under 35 U.S.C. § 101

    The majority expressed caution about the breadth of its holding, in particular about concerns that the holding could harm the nascent field of personalized medicine.
    United StatesIntellectual Property
    Oblon
    Oblon
  • Article

    Penumbra, Inc. v. RapidPulse, Inc.

    The U.S. Patent Trial & Appeal Board ("PTAB") designated a portion of its decision in Penumbra, Inc. v. RapidPulse, Inc., as precedential on November 15, 2023.
    United StatesIntellectual Property
    Oblon
    Oblon
Article

PTAB Finds Non-Obviousness For Missing Element

The Patent Trial and Appeal Board (PTAB) recently reversed the novelty, obviousness, and obviousness-type double patenting (ODP) rejections of the examining corps in a Track One case...
United StatesIntellectual Property
Oblon
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  • Article

    Sufficiency Of Invalidity Evidence In IPRs Can Differ For Method And Apparatus Claims

    Using the same invalidity evidence to address apparatus and corresponding method claims in inter partes review ("IPR") petitions can present difficulties depending on the claim language used in the apparatus claims.
    United StatesIntellectual Property
    Oblon
    Oblon
  • Article

    ALJ McNamara Grants-in-Part Motion For Summary Determination Of Violation Of Section 337 In Certain Batteries (337-TA-1244)

    On May 19, 2022, ALJ MaryJoan McNamara issued the public version of her March 25, 2022 initial determination.
    United StatesIntellectual Property
    Oblon
    Oblon
  • Article

    Claims Directed To Computerized Statistical Methods For Determining Haplotype Phase Are Patent Ineligible

    The Board of Trustees of the Leland Stanford Junior University ("Stanford") appeals the final rejection of patent claims in its patent Application No. 13/486,982.
    United StatesIntellectual Property
    Oblon
    Oblon
  • Article

    Experimental Use: Inspect Your Invention, Strike It With Your Cane, And Examine Its Condition

    On July 13, 2018, the Federal Circuit issued an opinion in Polara Engineering v. Campbell Company, which has been noticed for its discussion of enhanced damages.
    United StatesIntellectual Property
    Oblon
    Oblon
  • Article

    Pharma Claiming Practice Under Fire

    The Federal Circuit has launched an assault on common claiming techniques in pharma and chemical patents.
    United StatesIntellectual Property
    Oblon
    Oblon
  • Article

    AI Initiatives At The JPO

    As a follow-up to the previous post on AI Initiatives at the EPO, we provide an update on the activities by the JPO – 1) creation of a new Team for Supporting AI Examinations in January 2021...
    JapanIntellectual Property
    Oblon
    Oblon
  • Article

    Impermissible Hindsight Leads To Reversal Of Obviousness Finding

    In the appeal of USSN 17/963,407 (Appeal 2025-001881) to the Patent Trial and Appeal Board (PTAB), a finding of obviousness by Primary Examiner Drew Becker...
    United StatesIntellectual Property
    Oblon
    Oblon
  • Article

    Specification Must Adequately Disclose The Claimed Invention To Avoid Invalidation For Lack Of Written Description

    Claim 25 of Application No. 12/393,833, continued from the '803 application, also recited using random MPS to determine fetal aneuploidy.
    United StatesIntellectual Property
    Oblon
    Oblon
  • Article

    USPTO Creates A Separate Design Patent Practitioner Bar

    The U.S. Patent and Trademark Office (USPTO) issued a final rule in the Federal Register on November 16, 2023, to create a separate design patent practitioner bar for practice in design patent proceedings only.
    United StatesIntellectual Property
    Oblon
    Oblon
  • Article

    USPTO Seeks Public Feedback On The Experimental Use Exception To Patent Infringement

    On June 27, 2024, the United States Patent and Trade Office ("USPTO") published a request for comments ("RFC") in the Federal Register inquiring about the current state of the experimental use defense.
    United StatesIntellectual Property
    Oblon
    Oblon
  • Article

    AI And Written Description: When Does An AI Patent Claim Cross The Line?

    Following Ed Garlepp's great discussion on AI disclosure issues[1][2], I want to describe a related problem with AI and issues arising under the written description requirement that I often bring up when presenting on this topic.
    United StatesTechnology
    Oblon
    Oblon
  • Article

    CAFC Addresses Requirements For Award Of Attorneys' Fees

    The first was issued in United Cannabis Corporation v. Pure Hemp Collective Inc., No. 2022-1363 (May 8, 2023) (Lourie, Cunningham and Stark*), which involved an appeal of a denial of a motion for...
    United StatesCannabis & Hemp
    Oblon
    Oblon
  • Article

    Prosecution Disclaimer In A Member Of A Patent Family Over The Prosecution History Of Another Member Of The Family

    In Maquet Cardiovascular LLC. v. Abiomed Inc., Appeal No. 2023-2045, March 21, 2025, the Federal Circuit provided guidance as to when the prosecution history of one member of a patent family may act as an estoppel...
    United StatesIntellectual Property
    Oblon
    Oblon
  • Article

    CAFC Affirms Obviousness Rejections Regarding Lack Of Motivation To Combine

    Last month, the Federal Circuit issued a non-precedential decision affirming the PTAB's holdings in two final written decisions. P Tech, LLC (herein "P Tech") appealed the PTAB decisions...
    United StatesIntellectual Property
    Oblon
    Oblon
  • Article

    Is There Any Hope For Antibody Patents In The United States?

    Okay, let's get this out of the way up front. The answer is maybe… but only with a lot more work and with substantially reduced claim scope.
    United StatesIntellectual Property
    Oblon
    Oblon
  • Article

    PTAB Overturns Rejection For Overlapping Ranges

    On October 19, 2022, the Patent Trial and Appeal Board (PTAB) overturned the obviousness rejection of a claim to an aqueous dispersion.
    United StatesIntellectual Property
    Oblon
    Oblon
  • Article

    Written Description In Provisional Application: Perdue Pharma L.P. v. Andrei Iancu.

    Amneal Pharmaceuticals, LLC. filed two petitions for inter partes review of claims 1–13 and 16–19 of U.S. Patent No. 9,034,376 of Purdue Pharma L.P., P.F. Laboratories, Inc. and Purdue Pharmaceuticals L.P.
    United StatesIntellectual Property
    Oblon
    Oblon
  • Showing 621–640 of 699 results

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