Patent & IP news for January 11, 2017

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post image Post-PTO Trials: Party must Prove Injury-in-Fact for Appellate Standing from

Phigenix v. ImmunoGen (Fed. Cir. 2017) In this case, the patentee Immunogen won its case before the Patent Trial & Appeal Board (PTAB) with a judgment that the challenged claims are not obvious.  U.S. Patent ...

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Gust, Inc. v. Alphacap Ventures, LLC (S.D.N.Y. 2016); O2 Media, LLC v. Narrative Science Inc. (N.D. Ill. 2017) from

By Michael Borella -- The Supreme Court's 2014 Alice Corp. Pty. Ltd. v. CLS Bank Int'l decision requires the application of a two-part test to determine whether claims are directed to patent-eligible subject matter ...

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PTO Speculation: Judge Rader? from

Scott Graham of The National Law Journal reports that Chief Judge Rader is in the mix to be the next USPTO Director. Rader wrote hundreds of patent opinions during his 15 years on the Court ...

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China is poised to overtake the U.S. as the leading patent system from

A few years ago a company whose patents were violated in China had little or no chance of defending its rights.  Determined to move beyond its role as a low-cost provider of look-alike consumer products ...

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What Makes It My Molecule: A Look at Professor Ronald Pearlman’s Genome Editing Work from

This past November, Professor Ronald E. Pearlman from York University’s Department of Biology gave a talk [1] at Osgoode Hall Law School to discuss the potential of the innovative CRISPR genome editing system. Central ...

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IP Intensive: From Tariffs to Bouncy Castles—A Semester at SOCAN from

As part of IP Osgoode’s Intellectual Property Law and Technology Intensive Program, students are asked to reflect, then write on their placement experience. All I could think was how perfect my placement at the ...

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Web Browser Security Patents Not Invalid Under 35 U.S.C. § 101 at Summary Judgment Stage from

The magistrate judge recommended denying defendant's motion for summary judgment on the ground that the asserted claims of plaintiff’s web browser security patents encompassed unpatentable subject matter because defendant did not establish that ...

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Utility Patents for 2016 from

The chart below shows the number of utility patents granted each year for the past few decades. I have included images of PTO chiefs as well. Although only small view of PTO work-product, the dramatic ...

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IP Fellowship Opportunities at Harvard and Yale from

According to the 2016 self-reported entry-level hiring report, 66 out of 83 (about 80%) new tenure-track law faculty had a fellowship, and this percentage has risen over time. I think this is primarily because fellowships ...

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Cloud Farm loses at CAFC from

Cloud Farm Associates LP (“Cloud Farm”) sued
Volkswagen Group of America (“Volkswagen”) and ZF
Sachs AG (“ZF”) (collectively, “defendants”) in the United
States District Court for the District of Delaware alleging
infringement. Specifically, Cloud Farm ...

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Where are all the patent practitioners? from

By Jason Rantanen A question from two economist friends, Nicholas Ziebarth and Michael Andrews, got me interested in the geographic distribution of patent practitioners in the U.S. and any correlations with issued utility patents ...

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FDA Issues Newest Guidance Regarding Biosimilar Application Process from

By Kevin E. Noonan -- On December 29, the U.S. Food and Drug Administration released its latest Guidance for Industry relating to the biosimilar application process set forth in the Biologic Price Competition and Innovation ...

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