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Personalized Medicine Gets a Boost from Federal Circuit’s Vanda Pharma Decision - PART I

April 19, 2018 | Advisory | By Muriel M. Liberto, PhD, Esq.

The Federal Circuit provided a welcome boost for stakeholders in the field of personalized medicine with its recent decision in Vanda Pharm. Inc. v West-Ward Pharm. Intl. Ltd. (2016-2702, 2016-2708 April 13, 2018).

Mintz Secures Victory for AMD at the ITC

April 17, 2018 | Alert | By Michael Renaud, Adam Rizk

Led by Michael Renaud, Jim Wodarski, Mike McNamara, Bill Meunier, Aarti Shah, and Adam Rizk, the Mintz team secured an important victory for its client Advanced Micro Devices (AMD) at the U.S. International Trade Commission (ITC). The case was filed against LG, VIZIO, MediaTek, and Sigma Designs, and it involved complex graphics circuit technology.

With Software Patents and Means-Plus-Function, “Structure” Takes On a New Meaning

April 17, 2018 | Blog | By Steven Jensen, Jonathon Western

Software patents are generally directed to a sequence of steps or rules, i.e., an algorithm, performed by a computer programmed to carry out the algorithm.  Because algorithms are inherently functional in nature, software patent claims are frequently written using functional, as opposed to structural, terms.

What is blockchain and how will it affect me?

April 11, 2018 | Blog | By Lisa Adams, Derek Constantine

The term “blockchain” is everywhere, and it is likely that you will interact with blockchain technology every day in the years to come.
The United States Patent and Trademark Office (USPTO) anticipates issuing the 10 millionth utility patent at some point during the summer 2018.

District Court Grants Protection under DTSA Whistleblower Immunity for First Time

April 6, 2018 | Blog | By Michael Renaud, Nick Armington

The Eastern District of Pennsylvania recently granted immunity under the whistleblower provision of the Defend Trade Secret Act in what appears to be the first decision of its kind under the new federal trade secret statute.

WesternGeco v. ION Geophysical Corp. and Lost Profit Damages under § 271(f)

April 5, 2018 | Blog | By Adam Samansky, Alexander Roan

Section 271 of Title 35 of the United States Code is the statute that codifies unlawful acts of patent infringement.  The most commonly asserted provisions are § 271(a) (direct infringement), § 271(b) (induced infringement), and § 271(c) (contributory infringement).

Patent Damages: How Many Essential Features in a Smart Phone?

March 30, 2018 | Blog | By Michael Renaud, Andrew DeVoogd, Daniel Weinger

On March 20, 2018, the public version of Eastern District of Texas Magistrate Judge Roy Payne’s March 7, 2018 order tossing a $75 million jury verdict obtained by Ericsson against TCL Communication was released.

Doctrine of “Ancillary Venue” Does Not Trump TC Heartland

March 28, 2018 | Blog | By Andrew DeVoogd, Anthony Faillaci

Further to our ongoing coverage of post-TC Heartland patent litigation, in a recent development from the Northern District of Illinois, the court granted counterclaim defendants’ motion to dismiss for improper venue.

AI: The Path of the Future or Industry Hype?

March 19, 2018 | Advisory | By Michael Renaud, Adam Rizk, Jinnie Reed

Companies in many industries are integrating artificial intelligence into their products despite a decline in US AI patent filings driven by uncertainty about the patentability of software. Advances in machine learning are spurring the increased interest in AI.
The Court of Appeals for the Federal Circuit ruled in February that it was wrong for a judge to rule that a patent was ineligible under the Alice standard because there were underlying factual disputes that could not be resolved on summary judgement.

Automated Tracking Solutions, LLC v. The Coca-Cola Company

March 5, 2018 | Blog | By Stephen J. Akerley, Adrian Kwan

Automated Tracking Solutions, LLC, (“ATS”) appealed findings of invalidity for failing to claim patent-eligible subject matter by the United States District Court for the Northern District of Georgia.

Establishing Obviousness: A Fundamental Case of Evidence Over Arguments

March 1, 2018 | Blog | By Brad M Scheller, Lily Zhang

The Federal Circuit affirmed the Patent Trial and Appeal Board’s inter partes review decision declaring various claims of patent owner Thales’ U.S. Patent No. 6,474,159 (“the ‘159 patent”) nonobvious.
Struggling to keep case law relating to subject matter eligibility organized?  In February 2018, the United States Patent and Trademark Office (USPTO) released an improved Eligibility Quick Reference Sheet, providing patent practitioners with a useful tool for analyzing claims in view of 35 U.S.C. § 101 subject matter eligibility requirements.
The U.S. Patent and Trademark Office (USPTO) is implementing eCommerce Modernization (eMod), as discussed at a USPTO Patent Quality Chat webinar on February 13, 2018.

Patent Exhaustion Defense Unavailable to Reseller after Impression Products

February 22, 2018 | Blog | By Christina Sperry, Alexander Roan

In an application of 2017 U.S. Supreme Court precedent in Impressions Products, Inc. v. Lexmark Intern., Inc., the Northern District California in International Fruit Genetics LLC v. Orcharddepot.com, No. 4:17-cv-02905-JSW, recently denied a motion to dismiss a claim of patent infringement by holding that the patent exhaustion doctrine did not apply to a sale of a patented product that was outside the scope of the license granted by the patent owner. 
Recently, the District of Delaware held that a there was no work-product protection, and no common legal interest protection covering communications and documents shared between a patent owner and a third-party litigation financier, where the exchange occurred prior to any written agreement signed between the two parties and prior to the filing of any litigation.
On January 12, 2018 in Exmark Manufacturing Co. Inc., v. Briggs & Stratton Power Products Group, LLC, the Federal Circuit once again addressed the issue of apportioning damages, an area of the law that continues to evolve.  The parties in Exmark are competitors in the commercial lawn mower market.

The Medicines Company v. Hospira, Inc.

February 14, 2018 | Blog | By Brad M Scheller

The Medicines Company (“MedCo”) appealed findings of no infringement made by the United District Court for the District of Delaware. Hospira cross-appealed the district court’s finding that a distribution agreement did not constitute an invalidating “offer for sale” under 35 U.S.C. § 102(b).

Patent Term Adjustment: Lessons Learned from the Federal Circuit Decision in Actelion v. Matal

February 14, 2018 | Blog | By Christina Sperry, John L. Buchanan

On February 6, 2018, in Actelion v. Matal, the Federal Circuit affirmed the decision of the district court granting summary judgment in favor of the United States Patent and Trademark Office (PTO). 

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