Posts in Patents


Federal Circuit Affirms Dismissal of Patent Challenges Filed by Drug Consumer

AIDS Healthcare Found., Inc. v. Gilead Scis., Inc., the Federal Circuit affirmed the dismissal of patent challenges filed by drug consumers. The Court noted that a declaratory …

Petitioner Has Standing to Appeal PTAB Decision Where Litigation is Inevitable

Altaire filed two complaints against Paragon: (1) alleging a breach of the non-disclosure clause of the Agreement, and (2) seeking declaratory judgment that the ‘623 patent was invalid. Paragon, in …

Patent Venue Statute Does Not Apply to Foreign Corporations Sued for Infringement

The Federal Circuit denied HTC Corp.’s petition for a writ of mandamus seeking dismissal for improper venue... The patent venue statute does not apply to foreign …

Patent Trolls, Superpredators and Deplorables: The Ramifications of Political Bullying

This damaging narrative, which portrays inventors in an incredibly disrespectful way, has been allowed to infect the highest levels of our nation’s government... Aside from the …
By Steve Brachmann
3 days ago 27

Patenting Antibodies: Written Description Considerations in Antibody Patents

The Amgen v. Sanofi decision put most functional antibody claims into question, including epitope and competitive binding claims, as well as antibody claims based on a newly …
By Li Feng & Stacy Lewis
3 days ago 2

Patent Practice 101: Representation Agreements and Client Trust Accounts

Like so many things in life, experience is the best teacher, but finding a job without some experience can be extremely difficult. For that reason many times …
By Gene Quinn
4 days ago 0

Nikola Accuses Tesla of Design Patent Infringement on Aerodynamic Truck Cabin Features

On April 30th, alternative fuel vehicle manufacturer Nikola Corporation filed a complaint alleging claims of design patent infringement against electric vehicle maker Tesla Inc. Filed in the …
By Steve Brachmann
4 days ago 2

Is the pro-patent community going to continue to lose every battle?

It is understandable that inventors, investors and others supportive of strong patent rights would be skeptical, and I've heard and read much skepticism. If not now, when? …
By Gene Quinn
5 days ago 38

Vanda v. West-Ward: This Time, Dosage Adjustment Claims are Patent Eligible Subject Matter

The Federal Circuit’s decision in Vanda Pharmaceuticals Inc. v. West-Ward Pharmaceuticals, No. 2016-2707, addresses the complicated topic of patent eligibility in the pharmaceutical space. Much of …
By Stephanie Sivinski
5 days ago 17

Hatch-Waxman Litigation: 60 Percent Increase in ANDA Lawsuits from 2016 to 2017

In 2017, U.S. district courts saw a total of 417 patent infringement suits related to ANDA filings made by drugmakers with the U.S. Food and Drug Administration (…
By Steve Brachmann
5 days ago 0

Written Description Support for Claimed Range Requires More than Broad Disclosure

Appellant General Hospital Corp. (“GHC”) appealed the Board’s dismissal of an interference because the claims of its involved patent application lacked sufficient written description. The disclosure …

Director Iancu worries current state of Section 101 ‘weakens the robustness of our IP system’

Director Iancu: "But for our purposes what I know for a fact is that in order to incentivize American innovation whether it’s artificial intelligence, DNA processing, …
By Gene Quinn
6 days ago 32

The PTAB Continues to Break Patent Promises to the Detriment of Inventors

Surviving inventors are incredibly rare. I have met dozens of inventors with incredible discoveries whose naïve belief in the patent system have cost them way more …

Patent Valuation, Discount Rates and the Global IP Index

Suppose you are valuing a large patent portfolio with issued patents and pending applications in more than 20 countries throughout the world. One of your tasks would be …
By David Wanetick
6 days ago 0

23AndMe Sues Ancestry.com Over DNA Genetic Testing Kits

On Friday, May 11th, Mountain View, CA-based personal genetics testing company 23AndMe filed a lawsuit alleging patent infringement claims against Lehi, UT-based genealogy firm Ancestry.com. The …
By Steve Brachmann
6 days ago 1