DEVELOPMENTS IN OBVIOUSNESS LAW AND HOW IT COULD AFFECT YOUR INVENTION In the recent Acorda Therapeutics, Inc. v. Roxane Laboratories, Inc., No. 2017-2078 (Fed. Cir. Sept.10, 2018) decision, the Federal Circuit (the US appeals court for all patent cases) made...
Read MoreTHE PROBLEM-SOLUTION APPROACH Patent prosecution is one of my sharpest skills, and I just got word of an important patent allowance for one of my biotech cases. The beauty of receiving this notice was compounded by the strategy and approach...
Read MoreWHY CHOOSE AN IP LITIGATOR? Many businesses have intellectual property such as patents, trademarks, or copyrights. In many cases, a time will come when you think someone is infringing those intellectual property rights. In other cases, you may receive a...
Read MoreThis video is being shared with the consent and permission of Mishu Music. Promoters of live events such as festivals and music performances have multiple aspects to coordinate before an event can successfully take place. Without a doubt, experienced promoters...
Read MoreWHAT DOES IT TAKE TO GET A PATENT? PERSEVERANCE IS A KEY INGREDIENT What does it take to get a patent issued? One ingredient that clients often struggle with is perseverance. The reality of getting an issued patent is that...
Read MoreYOU HAVE A BOOK DEAL OFFER - NOW WHAT? My clients have learned from their mistakes and currently understand the importance of having the advice of a qualified attorney prior to signing with a publisher. Because these mistakes or pitfalls...
Read MorePhigenix, Inc. v. Immugen, Inc., IPR2014-00676 (PTAB 10/27/2015) This IPR involved US Patent 8,337,856, which claims antibody-toxin immunogates for the treatment of cancer. In a final written decision by the PTAB, the patent survives an IPR challenge from Phigenix. The...
Read MoreCrowd Funding Patent Claims Abstract Ideas Judge Failla at the Southern District of New York agreed with Kickstarter that US Patent 7,885,887, claiming crowd funding, is invalid under §101. “The ‘887 Patent claims only the abstract and time-honored concept of patronage,...
Read MoreApotex Inc. v. Merck Sharpe & Dohme Corp., IPR2015-00419, Patent 5,691,336, Institution of IPR denied, 6/25/2015 Merck owns US patent 5691336, directed to tachykinin receptor antagonists. This patent is listed in the Orange Book as claiming the drug substance...
Read MoreCommentary by James P. Demers On May 26, 2015, the U.S. Supreme Court issued a decision in a patent case, Commil USA, LLC v. Cisco Systems, Inc., in which the Court held that a good faith belief that a patent...
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