Posts Tagged: patent


Patent Masters Symposium

Patent Masters is designed to be a high-level symposium for attorneys and professionals interested in an in-depth exploration of topical legal issues facing those that prosecute, litigate, …
By Gene Quinn
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Patent Applications 101: Drawings Really Should be Required

Better practice remains to file applications with any and all drawings necessary to understand the invention. The best practice is not only to file what is necessary, …
By Gene Quinn
1 hour ago 0

Industry Reaction to WesternGeco LLC v. ION GeoPhysical

We reached out to our distinguished panel of industry insiders, and the initial reaction is this decision is a clear win for patent owners. Efrat Kasznik: "The …
By Gene Quinn & Renee C. Quinn
16 hours ago 0

Denying Inducement to Infringe in Face of a Drug Label: A Fool’s Errand?

Proving inducement to infringe requires showing that the accused infringer possessed “specific intent” to infringe. In pharmaceutical cases, particularly those arising in the Hatch-Waxman framework, specific intent …

Courts Can Consider Prevailing Party’s Litigation Conduct When Deciding to Award Attorney’s Fees

The court will consider the totality of the circumstances, including the prevailing party’s conduct in the litigation, such as the nature and timing of its relevant …

Creating Better Applications Through Patent Strengthening

Events along the prosecution process create multiple windows of opportunity for strengthening a portfolio. Decisions are based on indications of market adoption using evidence from specialized technical …
By Martin Bijman
3 days ago 0

Patent Eligibility Determinations in Life Sciences Patent Cases

This article examines Supreme Court and Federal Circuit analyses of patent eligibility under 35 U.S.C. § 101 where the patent claims at issue were directed to Life Sciences-related …
By Theodore Chiacchio
4 days ago 3

Patent Practitioner Training

You’ve passed the patent bar exam. Now what? Having a license to practice is just the beginning. What you need is a bridge between passing the …
By Gene Quinn
4 days ago 0

USPTO issues guidance on patent eligibility of method of treatment claims in light of Vanda Pharmaceuticals

On June 7, 2018, the USPTO issued new guidance to its examining corps in the form of a memorandum discussing the Federal Circuit’s April 13, 2018 decision in Vanda Pharmaceuticals …
By John M. Rogitz
5 days ago 2

FTC v. Actavis: Where We Stand After 5 Years

It has been five years since FTC v. Actavis. In that landmark ruling, the Supreme Court held that settlements by which brand-name drug companies pay generics to …
By Michael Carrier
5 days ago 4

Why should we encourage generics to challenge pharma patents?

What was the federal government thinking when Hatch-Waxman originally passed. Why would Congress incentivize generic manufacturers to challenge the patents of pharmaceutical companies? It is the same …
By Gene Quinn
6 days ago 1

Senator Hatch files Amendment to Fix IPRs for Pharma, Save Hatch-Waxman

Late yesterday, Senator Orrin Hatch (R-UT), co-author of the Hatch-Waxman Act, filed an amendment in the Senate Judiciary Committee to address what many characterize as abusive inter …
By Gene Quinn
9 days ago 21

Alternative Routes to Protection of Innovation

Every year different groups provide rankings of patent prosecution law firms and a company’s patent count for the year.  Patent law firms will tout their rankings …
By Robert Stoll
10 days ago 59

Gene Quinn named one of top IP strategists by IAM Magazine

Gene Quinn, has been named to the 2018 IAM Strategy 300, which recognizes The World’s Leading IP Strategists. This marks the second consecutive year Gene has been recognized …
By Renee C. Quinn
11 days ago 33

Rethinking Article III Standing in IPR Appeals at the Federal Circuit

In 2011, as part of the American Invents Act (“AIA”), Congress significantly restructured the way in which previously issued patents could be challenged.   In some cases, existing post-issuance …