McDonnell Boehnen Hulbert & Berghoff LLP (JD Supra United States)

2436 results for McDonnell Boehnen Hulbert & Berghoff LLP (JD Supra United States)

  • BIO & IPO Issue Statements on Biden Administration's Support for Proposed WTO Waiver

    Yesterday, United States Trade Representative Katherine Tai announced "the Biden-Harris Administration's support for waiving intellectual property protections for COVID-19 vaccines" (see "Biden Administration Supports Waiver of IP Protection for COVID-19 Vaccines").  The waiver was proposed last fall by India and South Africa, which asked the Council for Trade-Related Aspects...

  • The Road to Hell Is Paved with What Everybody Knows

    And everybody knows that suspending patent rights is necessary to provide sufficient vaccine to stem the global pandemic caused by the SARS-CoV-2 virus known as COVID-19.  It is always a sign of intellectual weakness and pack animal thinking to believe something is true because "everybody knows"; recently American pathologists reaped the consequences of their "everybody knows"

  • Biden Administration Supports Waiver of IP Protection for COVID-19 Vaccines

    In a statement issued earlier today, United States Trade Representative Katherine Tai announced "the Biden-Harris Administration's support for waiving intellectual property protections for COVID-19 vaccines." As we reported earlier this year, India and South Africa proposed last fall that the Council for Trade-Related Aspects of Intellectual Property Rights (TRIPS) of the World Trade...

  • Supreme Court Requests View of Solicitor General in American Axle v. Neapco

    Today, the Supreme Court requested the views of the Solicitor General in its consideration of American Axle's certiorari petition, which asks the Court to reverse the Federal Circuit's decision in American Axle & Mfg. v. Neapco Holdings LLC.  That decision is noteworthy on several grounds.  It is an application of the Federal Circuit's fractured jurisprudence on subject matter eligibility...

  • Top Drugs Losing Patent Exclusivity in 2021

    Earlier this month, Eric Sagonowsky reviewed the top ten drugs in the U.S. (in terms of sales) losing patent exclusivity in an article published by Fierce Pharma.

  • Suspending IP Protection: A Bad Idea (That Won't Achieve Its Desired Goals)

    Demagogy is never pretty.  When coupled with a species-threatening pandemic, the propensity for the pundit class is to be susceptible to solutions that sound reasonable only to the uninformed.  To make matters worse, some of those "solutions" are proposed by actors creative in using the crisis to advocate positions that benefit their constituencies under the cover of (and preying on)...

  • Oral Argument in Minerva Surgical Inc. v. Hologic, Inc.

    The Supreme Court heard oral argument last week in Minerva Surgical Inc. v. Hologic, Inc. over the issue of assignor estoppel. As a reminder, the case arose in an infringement suit over U.S. Patent Nos. 6,782,183 and 9,095,348. The patents were directed to "procedures and devices for endometrial ablation." Claim 9 of the '183 patent and claim 1 of the '348 patent were...

  • Peach Genome Dissected to Provide Insights into Ecological Influences

    The humble peach has been the inspiration for pies, album titles, independent movies, and a fictional woman's baseball team, but is also an important food species, yielding 24.5 million tons globally in 2018.  Like all plant species, their sessile nature makes them a good target for environmental studies because, unlike most animals, they must respond to changes in their environment by adaptation

  • Sen. Tillis Asks Biden Administration to Oppose WTO Waiver Proposal

    Last month, the Biotechnology Innovation Organization (BIO) and Pharmaceutical Research and Manufacturers of America (PhRMA) sent separate letters urging the Biden Administration to join the European Union, United Kingdom, Japan, Canada, Switzerland, Brazil, and Norway in opposing a proposal made by India and South Africa to have the World Trade Organization (WTO) waive the implementation,...

  • Could Alice Be Used to Invalidate Diehr? Of Course It Could

    The Supreme Court's Alice Corp. v. CLS Bank Int'l case has been criticized for setting forth a patent eligibility analysis that is unworkably subjective. As a consequence, the validity of particular types of inventions, especially those in the software and business method space, can be uncertain until undergoing judicial review.

  • Raytheon Technologies Corp. v. General Electric Co. (Fed. Cir. 2021)

    The legal concept of obviousness is tricky.  A claimed invention is found obvious if the prior art teaches or suggests all claim limitations and one of ordinary skill in the art would have been motivated to combine the relevant teachings of the references.  The inherent subjectivity of such an analysis can lead to reasonable people disagreeing on whether an invention is ultimately patentable. ...

  • FTC Prevails in Reverse Payment Case

    The Federal Trade Commission (FTC) spent the better part of a decade attacking the practice of innovator drug companies settling ANDA litigation by providing payments to generic applicants challenging the validity of Orange Book-listed patents (see "The FTC's Thinking Does Not Make It So Regarding Reverse Payment Agreements"; "Federal Trade Commission Issues Report on Reverse...

  • ToolGen Files Protective Orders in CRISPR Interferences

    Senior Party ToolGen Inc. has filed a protective order in each of Interference Nos. 106,126 (naming as Junior Party the Broad Institute, Massachusetts Institute of Technology, and Harvard University) and 106,127 (naming as Junior Party University of California/Berkeley, University of Vienna, and Emmanuelle Charpentier, collectively "CVC") ('126 protective order and '127 protective order)

  • Senators Ask President to Prioritize Appointment of IP Officials

    In a letter sent to President Joseph Biden at the end of March, Sen. Patrick Leahy (D-VT), Chairman of the Senate Subcommittee on Intellectual Property, and Sen. Thom Tillis (R-NC), Ranking Member of the Subcommittee on Intellectual Property, asked the President to "prioritize the appointment of intellectual property officials within the Executive Branch over the coming weeks."

  • CVC Files Motion Opposing Broad Motion to Correct Inventorship

    Last December, Junior Party University of California/Berkeley, the University of Vienna, and Emmanuelle Charpentier (hereinafter, "CVC") filed its Substantive Motion No. 3 under 37 C.F.R. § 41.121(a)(1) asking for judgment of unpatentability for all claims in interference under 35 U.S.C. § 102(f) or (if post-AIA) 35 U.S.C. § 115(a) for "failure to name all inventors of the alleged...

  • Giraffe Genome Reveals Relevant Adaptations

    The giraffe is the tallest extant terrestrial animal, and its iconic long neck (6 feet) provides advantages for foraging for food and detecting predators on the veldt over long distances. As a consequence, however, the giraffe has a blood pressure two-fold higher than other ruminant animals needed to bring blood to the brain that is so far away from the animal's heart.

  • Broad Files Motion Opposing CVC Motion for Misjoinder of Inventorship under 35 U.S.C. § 102(f)

    Last December, Junior Party University of California/Berkeley, the University of Vienna, and Emmanuelle Charpentier (hereinafter, "CVC") filed its Substantive Motion No. 3 under 37 C.F.R. § 41.121(a)(1) asking for judgment of unpatentability for all claims in interference under 35 U.S.C. § 102(f) or (if post-AIA) 35 U.S.C. § 115(a) for "failure to name all inventors of the alleged...

  • CVC Files Motion in Opposition to Broad Priority Motion

    In its turn, Junior Party The University of California/Berkeley, the University of Vienna, and Emmanuelle Charpentier (collectively, "CVC") filed its motion in opposition to Senior Party The Broad Institute, Harvard University, and the Massachusetts Institute of Technology (collectively, "Broad") motion for priority in Interference No. 106,115.  CVC's motion challenges Broad's

  • IP Organizations Support Continued Opposition to Waiver Proposal

    Late last month, a group of intellectual property organizations sent a letter to members of Congress and officials at the Patent and Copyright Offices to express their support for the United States' continued opposition to the TRIPS waiver proposal being discussed at the World Trade Organization (WTO).

  • Broad Files Motion in Opposition to CVC Priority Motion

    Senior Party The Broad Institute, Harvard University, and the Massachusetts Institute of Technology (collectively, "Broad") filed its motion in opposition to Junior Party The University of California/Berkeley, the University of Vienna, and Emmanuelle Charpentier (collectively, "CVC") motion for priority in Interference No. 106,115.  Although Broad argued in its own priority...

  • Time Periods in Toolgen Interferences Extended by Party Stipulation

    The U.S. Patent and Trademark Office Patent Trial and Appeal Board (PTAB) has issued a notice of extension of certain deadlines by party stipulation in the two interferences involving ToolGen Inc. as Senior Party (No. 106,126 with The Broad Institute, the Massachusetts Institute of Technology, and Harvard College as Junior Party, and No. 106,127 naming the University of California, Berkeley, the...

  • Evolution of SARS-CoV-2 from Bat to Human Pathogen

    A recent COVID post elicited the comment that we were just a "ray of sunshine."  Following in this tradition, this post concerns a recent report, in PLOS Biology, that the evolution of the SARS-CoV-2 virus (which causes COVID-19) evinced the development of a "highly efficient human pathogen" (to quote Billie Eilish, "Duh!").

  • Industry Coalition Supports Continued Efforts to Oppose Waiver Proposal

    Earlier today, a group of fifteen industry and trade organizations sent a letter to five members of the Biden Administration, to express their strong support for the Administration's work to leverage international mechanisms to help address COVID-19 and also for the Administration's continued efforts to oppose "a problematic proposal at the World Trade Organization to waive IP global...

  • In re Board of Trustees of the Leland Stanford Junior University (Fed. Cir. 2021)

    Exactly two weeks after affirming a decision by the U.S. Patent and Trademark Office Patent Trial and Appeal Board (PTAB) rejecting claims for failure to satisfy the subject matter eligibility standard under 35 U.S.C. § 101, in ex parte examination of claims to methods and related computing systems for genetic haplotyping in In re Board of Trustees of the Leland Stanford Junior University,  the...

  • Schadenfreude Is Not Always An Unpleasant Feeling

    The Association for Molecular Pathology released a survey last week regarding the state of reimbursement for medical diagnostic testing, according to GenomeWeb. It seems that the state is parlous, with reimbursement for "data analysis, test interpretation, and reporting requirements" being inadequate.  This reflects a need for "qualified molecular laboratory professionals"...

  • Appellants Raise Due Process Issues in New Vision Gaming and Development v. SG Gaming

    Ever since institution of the post-grant review proceedings enacted under the Leahy-Smith America Invents Act were implemented by the U.S. Patent and Trademark Office (through the newly constituted Patent Trial and Appeal Board), parties (particularly patentees who lost patent rights thereby) have challenged the outcome on procedural, substantive, and constitutional grounds (see "Cuozzo...

  • VLSI Technology, LLC v. Intel Corp. (W.D. Texas 2021)

    There is an undercurrent in patent law these days that litigation favors the defendant.  Rather than contending infringement of a few claims of one patent, plaintiffs are now advised to assert multiple claims across several patents.  After 35 U.S.C. § 101 challenges, IPR filings, and summary judgment motions, plaintiffs are lucky if they are left with a few claims of one patent to bring to trial. 

  • Neanderthal Ancestors Can Be Human Guardian Angels for COVID Infection, Too

    When it comes to SARS-CoV-2 infection (and resulting COVID-19), it seems our Neanderthal ancestors giveth and taketh away.  Genetic material inherited from interbreeding between Neanderthals and early humans has been shown to increase the risk of serious COVID infection (see "Inherited Neanderthal Gene Encodes Genetic Risk for COVID-19").  Recently, further explication of correlations...

  • CRISPR Chronicles Continue

    While those interested in the outcome await the April 9th filing of motions authorized by the U.S. Patent and Trademark Office Patent Trial and Appeal Board (PTAB) in Interference Nos. 106,126 (between Senior Party Toolgen Inc. and Junior Party The Broad Institute, Harvard University, and the Massachusetts Institute of Technology, collectively termed "Broad") and 106,127 (between Senior

  • On the Patent Eligibility of Information Processing

    A computer does just three things:  receives information in the form of bits, transforms this information, and provides output based on the information as transformed.  The receiving may take place by way of various types of input modalities, such as keyboards, touchscreens, mice, audio microphones, video cameras, network interfaces, sensors, and so on.  The transforming may involve a literally...

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