Patent & IP news for February 25, 2016

Patent Litigations

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post image AIPPI Report: Go ahead, make my day! Mr Justice Birss encourages IP litgants to use the new Flexible and Shorter Trial Schemes from

The Patents Court may be even
busier when a rush of litigants enter into the
Short Trial Scheme.  But some judges
like being busy bees...
Yesterday evening, the AmeriKat could be seen spiritedly speeding up ...

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Lismont v. Alexander Binzel Corp. (Fed. Cir. 2016) from

Laches Bars Claim to Change Inventorship on Issued U.S. Patent By Joseph Herndon -- On February 16, 2016, the Federal Circuit issued an opinion in a case captioned Hedwig Lismont v. Alexander Binzel Corp. This ...

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Patents Directed to Testing Enzymes to Assess Cardiovascular Disease Invalid Under 35 U.S.C. § 101 from

The court granted defendant's motion to dismiss because the asserted claims of plaintiff’s patents for testing enzymes to assess cardiovascular disease encompassed unpatentable subject matter and found that the claims lacked an inventive ...

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Linking PTAB Proceedings to Litigation from

We all know about patent litigation. We are learning about PTAB proceedings (Inter Partes Review and Covered Business Methods). But what do we know about both of them? The conventional wisdom is that just about ...

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Cleveland Clinic Foundation v. True Health Diagnostics: District Court Finds Diagnostic ClaimsPatent-Ineligible from

On February 23, 2016, a judge in the Northern District of Ohio found three patents invalid for ineligible subject matter on a Rule 12(b)(6) motion to dismiss (see opinion and order).  The patents ...

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Whistleblowers Detail Accountability Problems At The Top Of WIPO; US Congressional Members Prepare Actions from

WASHINGTON, DC -- A set of senior former employees of the World Intellectual Property Organization and their representatives yesterday gave detailed sworn testimony to US lawmakers on what they termed extremely serious misconduct and retaliation at ...

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UAEM’s Re:Route – A Ready Reckoner Of Alternative R&D Models For Health from

Re:Route, a mapping tool that lays out the entire gamut of innovation and financing for drug development, has been launched by the Universities Allied for Essential Medicines (UAEM). It is a one-stop place for ...

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Federal Circuit Reaffirms its Patent Exhaustion Doctrine Decisions from

On February 12, 2016, the en banc Federal Circuit, in a 10-2 decision in Lexmark Int’l, Inc. v. Impression Prods., Inc., reaffirmed its long-standing rules that: (1) the exhaustion doctrine does not apply to ...

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Resisting Acquiescence from

In recent years, the Patent Office has implemented training to get examiners to state on the record not only when claim language is understood to invoke 112(f)/112(¶6), but also when close language ...

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Litigation Screen Fails to Avoid Inequitable Conduct (But Almost Succeeded) from

Ohio Willow Wood Company v. Alps South (Fed. Cir. 2016) Professor Rantanen wrote about the 2013 Federal Circuit OWW v. Alps decision that, inter alia, reversed the lower court’s determination of no inequitable conduct ...

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