By Kevin E. Noonan —
In its contingent cross-appeal from the Patent Trial and Appeal Board’s (PTAB) adverse decision on priority against Junior Party the University of California/Berkeley, the University of Vienna, and Emmanuelle Charpentier (collectively, “CVC”) in Interference No. 106,115 (directed to CRISPR-mediated gene editing), Senior Party Broad Institute, Harvard University, and MIT (collectively,
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In re Cellect (Fed. Cir. 2023)
By Patent Docs
By Kevin E. Noonan —
The Federal Circuit decided a question left open during a recent spate of opinions involving the judicially created doctrine of obviousness-type double patenting (ODP): the effect patent term adjustment (PTA) can (or should) have on creating circumstances where ODP will operate to find a patent invalid in the absence of…
CVC Files Response and Reply Brief in Interference No. 106,115 Appeal
By Patent Docs
By Kevin E. Noonan —
In its appeal from an adverse decision on priority by the Patent Trial and Appeal Board (PTAB) in Interference No. 106,115 (directed to CRISPR-mediated gene editing), Junior Party the University of California/Berkeley, the University of Vienna, and Emmanuelle Charpentier (collectively, “CVC”) filed on May 19th its Response and Reply Brief…
Webinar on Using Sequence Data to Strengthen Biologics Patent Claims and Applications
By Patent Docs
IPWatchdog and CAS will be offering a webinar entitled “Use Sequence Data to Strengthen Biologics Patent Claims and Applications” on August 29, 2023 at 12:00 pm (ET). Gene Quinn of IPWatchdog, Inc. will moderate a panel consisting of Lisa L. Mueller of Casimir Jones, S.C.; Raymond N. Russell of Tarolli, Sundheim, Covell & Tummino LLP;…
FDA Approves Sandoz Biosimilar for Tysabri®
By Patent Docs
By Kevin E. Noonan —
It was not so long ago that many, including members of Congress, were bemoaning the slow approval and introduction into the marketplace of biosimilar alternatives to (generally expensive) biologic drugs. See “Trump Administration Considering Reduction in Biologics Exclusivity Period“; “A Solution in Search of a Problem“;…
USPTO Shares Data on Multiple IPR Challenges
By Patent Docs
By Kevin E. Noonan —
One of the many criticisms of the post-grant review proceedings instituted by the Leahy-Smith America Invents Act, both post-grant review (PGR) available within 9 months of patent grant based on all provisions of the Patent Act and inter partes review (IPR) throughout the entire term of the patent but limited…
Rembrandt Diagnostics LP v. Alere, Inc. (Fed. Cir. 2023)
By Patent Docs
By Kevin E. Noonan —
The Federal Circuit reviewed the latest decision from the Patent Trial and Appeal Board (PTAB) in an inter partes review that claims 3-6 and 10 of U.S. Patent No. 6,548,019 are obvious, in Rembrandt Diagnostics LP v. Alere, Inc.; prior proceedings were reported at Alere, Inc. v. Rembrandt Diagnostics, LP,…
Judges Issue Standing Orders Regarding the Use of Artificial Intelligence
By Patent Docs
By Michael Borella —
The impact of generative artificial intelligence (AI) is unsurprisingly significant in the field of education, with some teachers and professors responding by instituting oral examinations, handwritten essays, or requiring that first drafts of written material can only be composed on “locked down” computers with no access to AI tools. But as…
In re Theripion (Fed. Cir. 2023)
By Patent Docs
By Kevin E. Noonan —
The Patent Trial and Appeal Board (PTAB) has benefited, particularly after enactment of the Leahy-Smith America Invents Act, from the deference to its factual findings mandated by the Supreme Court’s interpretation in Dickenson v. Zurko of the application (deferential for factual determinations) of the standard-of-review provisions in the Administrative Procedures…
Federal Circuit Special Committee Recommends One-Year Suspension of Judge Newman
By Patent Docs
By Kevin E. Noonan —
A Special Committee of Federal Circuit judges (consisting of Chief Judge Kimberly Moore, former Chief Judge Sharon Prost, and Judge Richard Taranto) that has been investigating for several months allegations against Judge Pauline Newman related to her competency to remain on the bench, released an Order on July 31st suspending…