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Onyx v. Cipla: Companies Beware - What Your Patent Agent Tells You May Not Be Privileged

In an order last month, the Delaware district court ruled that some communications involving Onyx's patent agent were not privileged and must be produced to Cipla. The court's order highlights potential pitfalls when relying upon advice solely from patent agents.

The Federal Circuit Stays the Course in Patent Ineligibility for an Abstract Idea

In a precedential opinion issued on February 26, 2019, the Federal Circuit affirmed the District Court's finding of patent ineligibility for a claim "directed to the abstract idea of "collecting, analyzing, manipulating, and displaying data."" University of Florida Research Foundation Inc. v General Electric Company et al (Fed. Cir. 2019).

Total Compliance with Bayh-Dole Assignments Must be Goal

Jeffrey McIntyre Featured in Technology Transfer Tactics on Compliance with Bayh-Dole Assignments

Technology Transfer Tactics - February Issue

No More IPRs From Generic Drug Makers?

The USPTO argues that a petitioner who has received a favorable final written decision in an IPR is estopped from reusing the same winning argument in a district court.

Bioisosterism, by Itself, May Not be Sufficient Motivation to Modify a Lead Compound

In the recent decision, Mylan Pharmaceuticals Inc. v. Research Corporation Technologies, Inc., the Federal Circuit affirmed the PTAB's finding that Claims 8 to 13 of U.S. Reissue Patent 38,551 ("the '551 patent") owned by Research Corporation Technologies, Inc. ("RCT") are not unpatentable.

Federal Circuit Finds a Diagnostic Method Ineligible Under Section 101

In another diagnostic method dispute, the Federal Circuit found the asserted patent claims ineligible under 35 U.S.C. Section 101.

As the Climate for U.S. Patents Turns Brighter, Now is the Right Time to Invest in These Assets

An article by Philippe Signore titled "As the Climate for U.S. Patents Turns Brighter, Now is the Right Time to Invest in These Assets" is published in IPWatchdog.

IP Watchdog

Realtime Data, LLC, v. Iancu: No Requirement to Make Any Finding of a Motivation to Combine Two References When a Claim is Invalid as Being Obvious Over a Single Reference

The Federal Circuit affirmed the Patent and Trademark Appeal Board's (PTAB) determination that all of the challenged claims of Realtime's U.S. Patent 6,597,812 ("the ‘812 patent") would have been obvious over the prior art.

PTAB Rules That Section 101 Rejections Are Proper When Raised As Part Of An IPR Motion To Amend

It is quite common for IPR petitioners to raise § 112 defenses in opposition to a motion to amend filed by the patent owner. What's less common is for the petitioner to argue that the proposed amended claims fail to recite patentable subject matter under § 101.

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 improperly reducing patent term adjustment (PTA) by improperly calculating "overlapping" days of agency delay under 35 U.S.C. §154, the courts have been asked on numerous occasions to look at how the USPTO is calculating PTA.