Posts Tagged: 35 USC 102
Of Secret Sales and Public Uses: The Practical Consequences of the Supreme Court’s Helsinn Decision
It seemed like a trade secret trifecta when Congress in 2011 passed the America Invents Act (AIA). Although the statute was aimed at patent reform, it made three …
Supreme Court decides Helsinn v. Teva, Secret Sale Qualifies as Prior Art Under the AIA
n a relatively short, unanimous decision authored by Justice Thomas, the Court begins by explaining that twenty-years ago in Pfaff v. Wells Electronics, Inc., 525 U.S. 55, 67 (1998) the …
Industry Reaction to Helsinn Healthcare v. Teva Pharmaceuticals Oral Arguments
On Tuesday, December 4th, oral arguments were held before the U.S. Supreme Court in Helsinn Healthcare S.A. v. Teva Pharmaceuticals USA. The nation’s highest …
Supreme Court Hears Helsinn v. Teva: Does On-Sale Bar Capture Secret Sales
On the morning of Tuesday, December 4th, the U.S. Supreme Court held oral arguments in the case of Helsinn Healthcare S.A. v. Teva Pharmaceutical USA (…
After Priority Date Lost, PTAB Invalidates Aircraft Lavatory Design Patent
Despite the April 2011 priority date asserted for the ‘031 design patent, the PTAB found in its institution decision that the ‘031 patent wasn’t entitled to the priority date …
CAFC Vacates PTAB Obviousness Decision, Nonobviousness Nexus Established by Patent Owner
The Federal Circuit recently issued a non-precedential decision in LiquidPower Specialty Products v. Baker Hughes, vacating and remanding a final written decision from the Patent Trial and …
Rule 36 Affirmances at the Federal Circuit – Week of October 8, 2018
During the week of October 8, 2018, there were five cases involving patents that were decided without an opinion as a result of Rule 36 affirmances at the United States …
Waymo Patent Asserted Against Uber Suffers Setback in Reexamination
he U.S. Patent and Trademark Office issued a final office action in an ex parte reexamination of a patent owned by Google self-driving car development subsidiary …
Analyzing Amicus Briefs Filed in Support of Granting Cert. in Helsinn
On June 25th, the the U.S. Supreme Court agreed to hear Helsinn Healthcare S.A. v. Teva Pharmaceuticals USA Inc., on appeal from the Federal Circuit. …
Legislation Introduced in House to Repeal the PTAB and the AIA
There are 13 sections to Massie’s bill, many of which are geared towards the abolition of various statutes of the AIA. Perhaps the most salient portion of …
Apple Brings Patent Battle Against Qualcomm to PTAB With Six IPR Petitions on Four Patents
If Qualcomm's allegations are true, Apple will apparently stop at nothing to avoid paying licensing fees for Qualcomm’s patented technologies. Qualcomm’s tortious interference suit against …
Class Action Lawsuit Filed Against U.S. Government Alleging PTAB Violates Takings Clause and Due Process
On Wednesday, May 9th, Oklahoma-based patent owner Christy Inc. filed a class action complaint in the U.S. Court of Federal Claims against the United States seeking …
STRONGER Patents Act Introduced in House, Seeks to Strengthen a Crippled Patent System
In a telephone interview, Rep. Stivers noted that, while the AIA was intended as legislation that would make the patent system more efficient, the resulting differences in …
Distribution Agreement Considered a Commercial Offer and On-Sale Bar
The Federal Circuit reiterated that the on-sale bar does not exempt commercial agreements between a patentee and its supplier or distributor. It is the commercial character of …
Ariosa Liable for $26 Million in Lost Profits for Infringing Two Blood Test Patents
A jury verdict awarded more than $26 million to a group of plaintiffs including San Diego, CA-based gene analysis firm Illumina, Inc. The jury found that Ariosa Diagnostics …
