Strawberry Patent Wars Forever
To a casual grocery shopper, looking to find the perfect topping for her shortcake, ingredient for her smoothie or vehicle for her heavenly chocolate fondue, patents are probably the last…
Supreme Court to Hear Case on AIA “Secret Sales.”
What is the America Invents Act (AIA)? The path to patentability has many obstacles, and inventors’ own actions sometimes stand in the way of the U.S. Patent and Trademark Office…
The Impending Arrival of Newly Proposed Patent Subject Matter Eligibility Guidelines: An Opportunity for Clarity?
On April 11, 2018, the Director of the United States Patent and Trademark Office (USPTO), Andrei Iancu, delivered remarks at the United States Chamber of Commerce Patent Policy Conference, stating…
Appeals from PTAB to the Federal Circuit: Injury-In-Fact Standing Requirement
There is a long-awaited clarification with regards to the question of whether a petitioner could appeal an adverse decision in an inter partes review (“IPR”) proceeding in the Patent Trials and…
CRISPR Systems: Natural Occurrences & the Trans-Atlantic Divide over Patent Rights
Clorox sells a product, “disinfecting wipes,” that boasts on its container, “Kills 99.9% of Viruses & Bacteria.” It’s a great product, and I use it every day. But it’s a…
Oil States: SCOTUS Preserves IPR Status Quo
On April 24, 2018, the Supreme Court of the United States, in a 7-2 majority, decided Oil States Energy Services v. Greene’s Energy Group, holding that Inter Partes Review (IPR)…
The Federal Circuit Weighs in on CRISPR
Gene editing was once quite difficult. Though it was not impossible to insert a new sequence of DNA into a bacterium and measure the effects, as recently as a decade…
Sandoz Inc. v. Amgen Inc. and Its Implications
Background of the Case: Sandoz Inc v. Amgen Inc., 137 S. Ct. 1664 (2017) is a case that involved statutory construction of the Biologics Price Competition and Innovation Act…
The Bayh-Dole Act Has Been Successful in Stimulating a Market for Federally Funded Inventions, Now It’s Time to Bring Those Inventions to the Public
The federal government has proved to be ineffective at bringing publically funded discoveries to the public. The Bayh-Dole Act of the 1980’s was intended to maximize the public’s return on…
Will Allergan’s Questionable New Licensing Tactic Kill Inter Partes Review?
In 2015, Allergan, a powerhouse pharmaceutical company, filed suit against generic companies for patent infringement. Allergan, Inc. v. TEVA Pharms. USA, Inc., No. 2:15-cv-1455-WCB (E.D. Tex. Oct. 16, 2017) hosted…