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

2453 results for McDonnell Boehnen Hulbert & Berghoff LLP (JD Supra United States)

  • Becton, Dickinson & Co. v. Baxter Corp. Englewood (Fed. Cir. 2021)

    In Becton, Dickinson & Co. v. Baxter Corp. Englewood, the Federal Circuit overturned a decision by the Patent Trial and Appeal Board (PTAB) in an inter partes review that claims in the challenged patent were not invalid for obviousness.In Becton, Dickinson & Co. v. Baxter Corp. Englewood, the Federal Circuit overturned a decision by the Patent Trial and Appeal Board (PTAB) in an inter partes...

  • Supreme Court Prohibits Use of Federal “Anti-Hacking” Law Against Those Who Use Otherwise Authorized Access for Improper Purpose

    In Van Buren v. United States, the Supreme Court faced the difficult task of determining whether the opaquely-written Computer Fraud and Abuse Act (“CFAA”) would apply to situations in which a person who was authorized to access information for work purposes had accessed that information for improper reasons.  In one of Justice Barrett’s first opinions, the six-justice majority found that it...

  • Van Buren v. United States (2021)

    Supreme Court Narrows Federal "Anti-Hacking" Law to Exclude Enforcement Against Those Who Use Otherwise Authorized Access for Improper Purpose - There is a well-worn legal maxim that "hard cases make bad law."  In deciding Van Buren v. United States today, the Supreme Court was faced with the opposite problem: bad laws[i] make hard cases.  Specifically, in a 6-3 decision, the Court found that...

  • Bio-Rad Laboratories, Inc. v. International Trade Comm. (Fed. Cir. 2021)

    Last week, the Federal Circuit affirmed imposition of an exclusion order under 19 U.S.C. § 1337 (Section 337 of the Tariff Act of 1930) by the Federal Trade Commission against 10X Genomyx (an intervenor in this appeal) over importation of patented microfluidic chips, in Bio-Rad Laboratories, Inc. v. International Trade Commission.  (10X Genomyx obtained a similar exclusion order against Bio-Rad...

  • Broad Files Reply to CVC's Opposition to Broad's Contingent Motion to Correct Inventorship

    Last month, Senior Party The Broad Institute, Massachusetts Institute of Technology, and Harvard University (hereinafter, "Broad") filed its reply to an opposition to Broad's motion to correct inventorship filed by Junior Party University of California/Berkeley, the University of Vienna, and Emmanuelle Charpentier (hereinafter, "CVC"), which was filed as a contingent motion in response to CVC's...

  • CVC Files Reply to Broad's Opposition to 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 invention"...

  • CVC Files Reply to Broad's Opposition to CVC's Priority Motion

    Last week, Junior Party The University of California/Berkeley, the University of Vienna, and Emmanuelle Charpentier (collectively, "CVC") filed its reply to Senior Party The Broad Institute, Harvard University, and the Massachusetts Institute of Technology (collectively, "Broad") motion in opposition (see "Broad Files Motion in Opposition to CVC Priority Motion") to CVC's motion for priority in...

  • New Vision Gaming & Development, Inc. v. SG Gaming, Inc. (Fed. Cir. 2021)

    In one of the more daring (and somewhat risky) strategies by an appellant challenging an adverse decision in a covered-business method (CBM) review proceeding, New Vision Gaming asserted a purported conflict of interest by Administrative Patent Judges (APJs) in making institution decisions. According to the Appellant's argument, the pay, bonus, and supervisory structure of the Patent Trial and...

  • U.S. Trade Representative Releases 2021 Special 301 Report

    Or maybe not.  On April 30th, Ambassador Katherine Tai, U.S. Trade Representative (USTR), issued the 2021 Special 301 Report.  In a press release, the USTR stated that "[i]ntellectual property rights incentivize our creators, manufacturers, and innovators to invent new products and technologies."  The press release notes that the review period underlying the Report took place during the COVID-19...

  • Pacific Biosciences of California, Inc. v. Oxford Nanopore Technologies, Inc. (Fed. Cir. 2021)

    The Federal Circuit continues its recent run of decisions extending the reach of the enablement requirement of 35 U.S.C. 112(a) to invalidate patents in Pacific Biosciences of California, Inc. v. Oxford Nanopore Technologies, Inc. (albeit in this case, affirming denial of motion for JMOL in the face of a jury verdict of non-enablement).

  • Bio-Rad Laboratories, Inc. v. Int'l. Trade Comm. (Fed. Cir. 2021)

    Last month, the Federal Circuit affirmed an exclusion order imposed by the International Trade Commission against Bio-Rad for importing infringing microfluidic systems and components used for gene sequencing or related analyses, i Bio-Rad Laboratories, Inc. v. Int'l. Trade Comm. The ITC's decision followed a complaint by 10X Genomics, an intervenor in this appeal, for infringement of U.S....

  • GOP Legislators Write in Opposition to Proposed TRIPS Waiver

    Earlier this month, United States Trade Representative Katherine Tai announced "the Biden-Harris Administration's support for waiving intellectual property protections for COVID-19 vaccines."  One day prior to Ambassador Tai's announcement, a group of Republican legislators sent a letter to the Ambassador urging the Biden Administration to continue the United States' opposition to the request by...

  • Science Does Not Support the Latest COVID Hysteria

    In a time of a global pandemic, with antivaxxer and anti-science sentiments running rife, and when combinations of fear, distrust, and paranoia are rampant, it is easy for important results from basic science to become fodder inaccurately supporting the doomsday memes that abound. This is the story of a scientific paper from two eminent scientists that, properly understood, explains a puzzling...

  • Sen. Daines Urges Biden Administration to Withdraw Support for COVID-19 IP Waiver

    Yesterday, Sen. Steve Daines (R-MT) wrote to President Joseph Biden to share his concerns regarding the Biden Administration's support for waiving intellectual property protections for COVID-19 vaccines and urge the President to reconsider his position on the proposed waiver.  In his letter, Sen. Daines (at right) asserted that "[s]uspending World Trade Organization (WTO) obligations to protect...

  • Population of Patents at Risk from Proposed WTO Patent Waiver

    Dennis Crouch, our colleague at Patently-O, tweeted last week that there have Dennis Crouch, our colleague at Patently-O, tweeted last week that there have been 148 U.S. patents granted having disclosure related to (COVID-19 or SARS-CoV-2);... With regard to issues involving the proposed WTO IP waiver (see "If the Devil of the WTO IP Waiver Is in the Details, What Are the Details?"), it may be

  • Pfizer CEO Pens Open Letter on COVID-19 Vaccine IP Waiver

    On Friday, Dr. Albert Bourla, the Chairman and Chief Executive Officer of Pfizer, sent an open letter to Pfizer employees regarding the U.S. Trade Representative's announcement last week that the Biden-Harris Administration would support waiving intellectual property protections for COVID-19 vaccines.  Dr. Bourla (at right) begins the letter by noting that the U.S. Trade Representative's...

  • If the Devil of the WTO IP Waiver Is in the Details, What Are the Details?

    While the details of the WTO patent waiver have not been determined (or more properly negotiated), it is important to consider the structure of the international trade regime in which the waiver will operate and the consequences of any agreement defining exactly what will be waived.

  • 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 of Intellectual...

  • 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" campaign against "ge

  • 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 under 35

  • 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) the...

  • 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 considered by the Court

  • 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 Settlement...

  • 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).  The...

  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT