News & Analysis as of

Patent Protection Act

McDonnell Boehnen Hulbert & Berghoff LLP

Baxalta Inc. v. Genentech, Inc. (Fed. Cir. 2023)

There has been, since the turn of the century, a steady, seemingly inexorable trend towards limiting patent rights and focusing the application of U.S. patent law towards an emphasis on preventing innovators from obtaining...more

Knobbe Martens

Navigating the Regulatory Landscape: FDA Approval and Patent Protection for Software as a Medical Device

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Software is increasingly used as a medical device, transforming the healthcare industry with the goal of improving patient outcomes. However, developing software as a medical device involves navigating complex and evolving...more

Foley & Lardner LLP

Retooling Intellectual Property Strategies to Weather Bear Markets

Foley & Lardner LLP on

As economists warn of an imminent economic recession, companies should take the time now to consider their Intellectual Property (IP) strategies and determine how to preserve legal spend while simultaneously adding value to...more

Lowenstein Sandler LLP

Trade Matters - Lowenstein Sandler's Global Trade & National Security Newsletter June 2022

Lowenstein Sandler LLP on

1. BIS Announces Plans To End Categorizing Emerging and Foundational Tech- On May 22, BIS announced in a proposed rule that it will end the effort to characterize specific technology as emerging or foundational for...more

Weintraub Tobin

Australian Judge Rules Inventions Developed By Artificial Intelligence Can Qualify For Patent Protection

Weintraub Tobin on

In Thaler v. Commissioner of Patents, case number VID 108 of 2021, in the Federal Court of Australia, an Australian Federal Judge became the first known jurist to rule that inventions developed by artificial intelligence can...more

Sheppard Mullin Richter & Hampton LLP

IP Protection and the Open COVID Cure Chase

As the world grapples with its response to COVID-19, the availability and nature of intellectual property protection afforded for diagnostic tests, treatments, vaccines, and accompanying data is likely to have a significant...more

Foley & Lardner LLP

Adjusting to Alice: USPTO’s View of Its Examination Guidelines

Foley & Lardner LLP on

In 2014, the U.S. Supreme Court’s Alice Corp. v. CLS Bank International, 573 U.S. 208 (2014) (“Alice”) held that technologies that merely implemented an abstract idea with a generic computer were not eligible for patent...more

McDonnell Boehnen Hulbert & Berghoff LLP

Launch of New Diagnostics and Cancer Advocacy Group Announced

A new non-profit advocacy organization, New Cures for Cancers, recently announced its launch and the opening of its website.  The mission of the organization is to give cancer patients and their families and friends a podium...more

Harris Beach PLLC

Recent District Court Decisions Provide Guidance on Written Description Requirement for Antibodies

Harris Beach PLLC on

One of the most difficult aspects of patenting antibodies and other biologics is obtaining sufficiently broad patent protection. In order to claim a genus of antibodies, rather than specific sequences, the applicant must...more

McDermott Will & Emery

THE LATEST: FTC to Look Closely at Competition between Biologics and Biosimilars and Patent Protection Strategies of Branded...

McDermott Will & Emery on

WHAT HAPPENED - On July 18, 2018, US Food and Drug Administration (FDA) Commissioner Scott Gottlieb delivered a speech at The Brookings Institution in Washington, DC, discussing how to bolster competition from biosimilars...more

McDonnell Boehnen Hulbert & Berghoff LLP

The Patent Landscape of Cryptocurrency and Blockchain

With Bitcoin and alternative coins, such as Ethereum, Ripple, and Cardano, experiencing volatile price swings, cryptocurrencies have rapidly become mainstream and widely discussed, with many seeking to find ways to profit...more

McDonnell Boehnen Hulbert & Berghoff LLP

Image Processing Technologies, LLC v. Samsung Electronics Co. (E.D. Tex. 2017)

Plaintiff Image Processing Technologies, LLC ("IPT") filed suit against Samsung in the U.S. District Court for the Eastern District of Texas (Marshall Division), alleging infringement of three patents, including U.S. Patent...more

McDonnell Boehnen Hulbert & Berghoff LLP

News from Abroad: Not One But Two Decisions Fine Tune the Australian Patent Office's Approach to Life Science Technologies

Two recent Australian Patent Office decisions have provided clarity as to the patentability of isolated nucleic acid sequences following the High Court's decision in D'Arcy v Myriad Genetics ('Myriad'). The first decision is...more

McDonnell Boehnen Hulbert & Berghoff LLP

Zak v. Facebook, Inc. (E.D. Mich. 2016) - Software Patent Found to Be Directed to Abstract Idea, But Survives § 101 Challenge with...

Bruce Zak, an individual, sued Facebook, Inc. for patent infringement in the U.S. District Court for the Eastern District of Michigan on two of his software patents -- United States Patent Nos. 8,713,134 and 9,141,720. ...more

McDonnell Boehnen Hulbert & Berghoff LLP

Intellectual Property and the Venture-Funded Startup

One of the most commonly used buzzwords by the media and investors is the term “startup,” which is generally used to describe an entrepreneurial venture with the goals of rapid growth and immediate impact on a market....more

Bradley Arant Boult Cummings LLP

April 30 Deadline to Restate Pre-Approved Plans

Sponsors of pre-approved defined contribution retirement plans are generally required to sign new plan documents that incorporate changes required by the Pension Protection Act on or before April 30, 2016. Defined...more

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