Author Info for Knobbe Martens

Jessica Achtsam

Boston Scientific closes acquisition of TAVI device company, Symetis

On March 30, 2017, Boston Scientific announced an agreement to acquire Symetis SA, a privately-held Swiss company focused on minimally-invasive transcatheter aortic valve implantation (TAVI) devices, for $435 million in cash…more

Acquisitions, Boston Scientific, Innovation, Medical Devices, Technology

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William Adams

Federal Circuit Rules on Biosimilar Notice Requirement

Biosimilar Applicants Must Provide Notice of Commercial Launch: What You Need To Know - Case Background - In an opinion released today in Amgen v. Apotex, the Federal Circuit held biosimilar applicants who…more

Amgen, Apotex, Appeals, Biologics, Biosimilars

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Silas Alexander

Notice Letters and Communications May Form a Basis for Personal Jurisdiction

APPLE INC. v. ZIPIT WIRELESS, INC. [OPINION]- PRECEDENTIAL - Before Hughes, Mayer and Stoll. Appeal from the United States District Court for the Northern District of California. Summary: Notice letters and related…more

Appeals, Apple, Burden of Proof, Declaratory Judgments, Intellectual Property Protection

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Janet Allendorph, Ph.D.

Federal Court Lacked Jurisdiction over Contract Dispute Implicating Patent Infringement

INSPIRED DEVELOPMENT GROUP v. INSPIRED PRODUCTS GROUP, LLC - Before Prost, Newman, and Stoll. Appeal from the United States District Court for the Southern District of Florida. Summary: Alleging that a contract issue…more

Appeals, Breach of Contract, Dismissals, Diversity Jurisdiction, Federal Question Jurisdiction

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Dan Altman

When and Where to File Patent Applications

Excerpt: "In general, a patent is only valid in the country (or, in some cases, countries) where the patent office that issued it has responsibility. With so many patent offices around the world, how does one decide in which…more

Canada, Canadian Intellectual Property Office (CIPO), Grace Period, Innovation, Intellectual Property Protection

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Jeremy Anapol

New Trial Granted Because “Nearly All” of the Defendant’s Noninfringement Evidence Was Untimely

The district court erred by admitting untimely expert testimony on noninfringement and by refusing to grant a new trial after the jury found noninfringement. Trudell Medical International (“Trudell”) sued D R Burton Healthcare…more

Appeals, Claim Construction, Daubert Standards, Discovery, Evidence

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Maria Anderson

Clarity and Progress at the USPTO: The USPTO Publishes Revised Guidance on Patent Eligible Subject Matter

On Monday, January 7, 2019, a revised guidance for subject matter eligibility (USPTO Section 101 Revised Guidance) will take effect at the USPTO. With the newly revised guidance, the USPTO aims to clarify and standardize the…more

Abstract Ideas, CLS Bank v Alice Corp, Judicial Exception, Mayo v. Prometheus, New Guidance

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Bailey Arenberg

Renewed Efforts in Congress for Pharmaceutical Patent Reform

With the recent convocation of the 119th Congress, a change in administration, and resignation of USPTO Director Vidal, pharmaceutical patent reform is likely on the minds of many in Washington. Prior to this political…more

BPCIA, Hatch-Waxman, Healthcare Reform, Legislative Agendas, New Legislation

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Kenneth Aruda, Ph.D.

Settlements Don’t Close the Door: Antitrust Claims Follow IPR Challenges in Life Sciences

In the ongoing case of Carefirst of Maryland Inc. v. Johnson & Johnson, the plaintiffs successfully overcame a motion to dismiss. At the heart of the case is J&J’s legal strategy against biosimilar competitors, including Amgen,…more

Antitrust Provisions, Biosimilars, Health Care Providers, Insurance Industry, Inter Partes Review (IPR) Proceeding

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Charlene Azema

May I Still Call Her Daddy? IP Considerations for When Influencers Outgrow the Brands That Back Them

When they launched “Call Her Daddy” in 2018, Sofia Franklyn and Alexandra Cooper were relatively unknown. They were two New York City friends candidly dishing about dating and sex without any euphemisms on the internet. Barstool…more

Brand, Contract Negotiations, Contract Terms, Influencers, Instagram

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Jonathan Bachand

Issue Preclusion at the ITC: New Developments for Trademark-Based Claims

Investigations at the International Trade Commission (“ITC”) often involve intellectual property disputes that may also be the subject of parallel litigation in district court. This parallel litigation is often stayed pending…more

Claim Preclusion, Consent Order, Intellectual Property Protection, International Trade Commission (ITC), Issue Preclusion

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Brian Barnes

Deleted Definition “Highly Significant” for Claim Construction

DDR HOLDINGS, LLC V. PRICELINE.COM LLC, BOOKING.COM B.V. - Before Chen, Mayer, and Cunningham. Appeal from the United States District Court for the Northern District of Delaware. Summary: Deleting a definition provided in…more

Appeals, Claim Construction, Patent Applications, Patent Infringement

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Derek Bayles

Protecting and Enforcing your High Technology Intellectual Property

In This Presentation: - Software Patents Issues in the USPTO - Functional Claiming in Software Patents - Covered Business Method (CBM) Review - Will the Supreme Court kill all software patents this term? -…more

Covered Business Method Patents, Patent Applications, Patent Reform, Patents, Technology

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Harper Beasley

Are Literal Infringement and the Doctrine of Equivalents the Same Issue?

Before Prost, Taranto, and Chen. Appeal from the United States District Court for the Western District of Wisconsin. Summary: Literal infringement and infringement under the doctrine of equivalents are treated as the same issue…more

Appeals, Doctrine of Equivalents, Infringement, Wisconsin

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Vikas Bhargava

Settlement 5 Days Before Final Written Decision Deadline Results in Termination Of IPR

In an order issued in Petroleum Geo-Services Inc. v. Westerngeco LLC, IPR2016-00407, IPR2016-00499, Paper 29 (P.TA.B. Jul. 5, 2017), the PTAB terminated the proceedings after the parties indicated that they had settled their…more

Final Written Decisions, Inter Partes Review (IPR) Proceeding, Motion to Terminate, Patent Trial and Appeal Board, Patents

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Christian Boettcher

Women's Health Medical Device Company Caldera Medical Acquires UVision 360

Caldera Medical, Inc. on October 8th, 2024, announced the acquisition of UVision 360, Inc. Caldera Medical develops medical devices for women’s health, including surgical products for the treatment of stress urinary…more

Acquisitions, Health Technology, Medical Devices

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Yanna Bouris

Schrader Hit With $31 Million Patent Verdict Over Tire Pressure Sensors

A Delaware jury has awarded Wasica Finance over $31 million in patent damages against Schrader Int’l. In 2013, Wasica accused Schrader Int’l of infringing a patent entitled “Device for Monitoring and the Air-Pressure in…more

Damages, Inter Partes Review (IPR) Proceeding, Patent Infringement, Patent Litigation, Patent Trial and Appeal Board

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Jared Bunker

Insurance Coverage for Intellectual Property Lawsuits

In this episode of the Knobbe IP+ podcast, Knobbe Martens partner Jared Bunker speaks with guest David A. Gauntlett, principal of Gauntlett & Associates, on how businesses may use insurance policies to defend against…more

Commercial General Liability Policies, Commercial Insurance Policies, Defense Strategies, Insurance Industry, Intellectual Property Litigation

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Cheryl Burgess

Invalidating Patents Under §101 in the Early Stages of Litigation Still Possible Post-Berkheimer and Aatrix

Patent eligibility challenges under 35 U.S.C. §101 have been effective tools for defendants to obtain early dismissal of a case without extensive fact finding since the Supreme Court ruling in Alice. Whether a claim recites…more

Abstract Ideas, Appeals, CLS Bank v Alice Corp, Federal Rule 12(b)(6), Genuine Issue of Material Fact

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Ted Cannon

Federal Circuit Decision May Give Second Chance to Some PTAB Litigants

The Court of Appeals for the Federal Circuit (“Federal Circuit”) has issued an important decision affecting inter partes review (“IPR”) and possibly other cases decided by the Patent Trial and Appeal Board (“PTAB”). The…more

Administrative Patent Judges, Appeals, Appointments Clause, Constitutional Challenges, Ex Partes Reexamination

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Paige Cappelli

ARPA-H Announces New Funding related to AI-Enabled Medical Tools

The U.S. Advanced Research Projects Agency for Health (ARPA-H) announced new funding for a “program to help AI-enabled medical tools maintain peak performance.” The new funding is through the Performance and Reliability…more

Artificial Intelligence, Department of Health and Human Services (HHS), Machine Learning, Medical Devices

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Jeremy Carney

PTAB Finds Claims Directed to an MRI Machine Patent-Ineligible

The Patent Trial and Appeal Board (“PTAB”) recently held in Ex parte Itagaki and Nishiara (PTAB 2016) that claims reciting a magnetic resonance imaging apparatus are directed to ineligible subject matter under 35 U.S.C. § 101…more

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Spencer Carter

Objective Evidence in Determining Obviousness

MEDTRONIC, INC. v. TELEFLEX INNOVATIONS - Before Moore, Lourie, and Dyk. Appeal from the Patent Trial and Appeal Board. Summary: A close prima facie case of obviousness can be overcome by strong evidence of objective…more

Intellectual Property Protection, Inter Partes Review (IPR) Proceeding, Medical Devices, Medtronic, Obviousness

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Karen Cassidy

Infringement Judgement Is Only Final When There’s Nothing Left to Do but Execute

Before Lourie, Hughes, and Stark. Appeal from the U.S. District Court for the Eastern District of Texas. Summary: An infringement judgment is only sufficiently “final” to be immune from a later finding of unpatentability if the…more

Damages, Inter Partes Review (IPR) Proceeding, Patent Infringement, Patent Invalidity, Patent Litigation

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Jason Champion

Copyright exhaustion in the US: what the Kirtsaeng and ReDigi decisions tell us about the future of the first sale doctrine and secondary markets for copyrighted goods

The concept of copyright ‘exhaustion’, or the ‘first sale’ doctrine, refers to the principle that once a copyright owner places a copyrighted item in the stream of commerce by selling it, they have exhausted their exclusive…more

Capitol Records, Copyright, Digital Goods, First Sale Doctrine, Grey Market

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Andrea Cheek

NCAA Rules Limiting Education-Related Benefits Violate Antitrust Laws

NATIONAL COLLEGIATE ATHLETIC ASSOCIATION v. ALSTON - Before the United States Supreme Court; Opinion by Justice Gorsuch; Concurring Opinion by Justice Kavanaugh; On writs of certiorari to the United States Court of Appeals for…more

Alston v NCAA, Antitrust Violations, College Athletes, NCAA, Restraint of Trade

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Bryant Chen

Reversal on Reverse Doctrine of Equivalents

Conflicting expert testimony constituted substantial evidence supporting the jury’s rejection of a reverse doctrine of equivalents argument…more

Appeals, Doctrine of Equivalents, Evidence, Expert Testimony, Intellectual Property Litigation

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Rosaleen Chou

Ethical Brand Protection in the Age of Social Media: Fair Ball or Foul?

Presentation Goals - • WHAT - Build and maintain strong brand equity through proper trademark policing • HOW - Protect the brand via a custom enforcement strategy • CONSIDERATIONS - Promote ethical investigations in…more

Amazon, Attorney-Client Privilege, Cease and Desist, Corporate Branding, Corporate Counsel

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Michael Christensen

FTC’s Proposed Noncompete Ban in Doubt

On April 23, 2024, the United States Federal Trade Commission (“FTC”), via a 3-2 vote, issued a final rule, which, according to the FTC’s rule summary, provides a comprehensive ban on new noncompetes nationwide and bans existing…more

Federal Trade Commission (FTC), Final Rules, Healthcare, Non-Compete Agreements

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Brian Claassen

Federal Circuit Affirms Toshiba Win against NPE

On April 25, 2016, the Court of Appeals for the Federal Circuit affirmed the judgment of invalidity on two patents in favor of Knobbe Martens client Toshiba Corporation..…more

Patent Infringement, Patent Invalidity, Patent Litigation, Patents, Toshiba

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Samuel Cockriel

IPR Proceedings Were Not Prohibited by a Forum Selection Clause in a Non-disclosure Agreement

KANNUU PTY LTD. v. SAMSUNG ELECTRONICS CO., LTD. Before Newman, Prost, and Chen. Appeal from the United States District Court for the Southern District of New York. Summary: The forum selection clause in the parties'…more

Breach of Contract, Forum Selection, Intellectual Property Protection, Inter Partes Review (IPR) Proceeding, Non-Disclosure Agreement

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David Cohen

In Re Rembrandt Techs., LP Patent Litig.

Federal Circuit Summary - Before O’Malley, Mayer, and Reyna. Appeal from the U.S. District Court for the District of Delaware. Summary: A case may be exceptional if: (1) fact witnesses are compensated based on the outcome…more

Abuse of Discretion, Appeals, Attorney's Fees, Exceptional Case, Frivolous Lawsuits

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Paul Conover

Patent Law Update for Medical Device Companies 2018 (Presentation)

Knobbe Martens Partners Paul Conover, Irfan Lateef, and Curtis Huffmire presented "Patent Law Update for Medical Device Companies 2018" at the MedTech Innovation Summit in San Francisco, CA on November 28, 2018. This session…more

Abstract Ideas, Administrative Procedure, America Invents Act, Biotechnology, Claim Amendments

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Adam Copeland

Cook Medical Sells Lead Management Portfolio to Merit Medical

Cook Medical recently announced it is selling its lead management portfolio to Merit Medical. Cook Medical is a medical device manufacturer with a portfolio of products used in lead management procedures, including for patients…more

Acquisitions, Medical Devices, Mergers

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Tom Cowan

Medical Device Deal Activity Shows Signs of Life for Q3 2024

Market reports indicate the global medical device industry for Q3 2024 saw an increase in merger and acquisition (M&A) activity in terms of value year-over-year. Although deal value decreased compared to Q2 2024, deal volume…more

Acquisitions, Healthcare, Life Sciences, Medical Devices, Mergers

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Tyler Cox

Infringement Judgement Is Only Final When There’s Nothing Left to Do but Execute

Before Lourie, Hughes, and Stark. Appeal from the U.S. District Court for the Eastern District of Texas. Summary: An infringement judgment is only sufficiently “final” to be immune from a later finding of unpatentability if the…more

Damages, Inter Partes Review (IPR) Proceeding, Patent Infringement, Patent Invalidity, Patent Litigation

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Douglas Crandell

FDA Provides Perspective on Goals and Challenges for Regulation of Artificial Intelligence in Medical Devices, Drug Design, and Clinical Research

A recent article authored by Haider J. Warraich, MD; Troy Tazbaz; and Robert M. Califf, MD in the Journal of the American Medical Association, reviews the history of artificial intelligence (AI) regulation by the U.S. Food and…more

21st Century Cures Act, Artificial Intelligence, Clinical Trials, Drug Design, Food and Drug Administration (FDA)

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Scott Cromar

Why is Intellectual Property Important?

In This Presentation: - Intellectual Property (IP): •Refers to a category of exclusive rights created by statute, including: –Copyrights –Trademarks –Trade Secrets –Utility Patents –Design…more

Copyright, Design Patent, Patents, Trade Dress, Trade Secrets

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Carol Pitzel Cruz

The Supreme Court Holds that Non-Public Sales May Trigger the On Sale Bar Under the America Invents Act

On Tuesday, January 22, 2019, the U.S. Supreme Court held in a unanimous decision that, even where the details of the invention are kept confidential, a commercial sale may place the invention “on sale” under the Leahy-Smith…more

America Invents Act, Appeals, Assignment of Inventions, Confidentiality Agreements, Helsinn Healthcare SA v Teva Pharmaceuticals USA Inc

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Justin Culbertson Ph.D.

End of an Era: The After Final Consideration Pilot Program 2.0 Concludes

The sun is officially setting on the United States Patent and Trademark Office’s (USPTO) After Final Consideration Pilot Program 2.0 (AFCP 2.0)[1]. This program, which has been instrumental in facilitating patent prosecution…more

Compliance, Fees, Patent Applications, Patent Prosecution, Patents

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Jane Dai, Ph.D.

Nobel Prize in Medicine Awarded to American Scientists for Discovery of microRNA

On October 7, 2024, the 2024 Nobel Prize in Physiology or Medicine was jointly awarded to two American scientists, Victor Ambros (of UMass Medical School) and Gary Ruvkun (of Harvard Medical School), for their discovery of…more

Clinical Trials, Medical Research, Scientific Research

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Aaron Davis

Clarity and Progress at the USPTO: The USPTO Publishes Revised Guidance on Patent Eligible Subject Matter

On Monday, January 7, 2019, a revised guidance for subject matter eligibility (USPTO Section 101 Revised Guidance) will take effect at the USPTO. With the newly revised guidance, the USPTO aims to clarify and standardize the…more

Abstract Ideas, CLS Bank v Alice Corp, Judicial Exception, Mayo v. Prometheus, New Guidance

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Alex Martin del Campo

“Quotation” Letter Found to Constitute Offer Invalidating Patents

CROWN PACKAGING TECHNOLOGY, INC. v. BELVAC PRODUCTION MACHINERY, INC. - Before Dyk, Hughes, and Cunningham. Appeal from the United States District Court for the Western District of Virginia. Summary: An offer for sale…more

Appeals, Patent Infringement, Patent Invalidity, Patent Litigation, Patents

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Jordan DeOrio

Specify the Steps of Information Manipulation or Lose under § 101

Before Lourie, Bryson, and Stark. Appeal from the United States District Court for the Central District of California. Summary: Patent claims that merely recite result-orientated, functional language without specifying the…more

Alice/Mayo, Appeals, Motion to Dismiss, Patent Infringement, Patent-Eligible Subject Matter

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Geetha Durairaj, Ph.D.

Heading Towards an Optimistic Initial Public Offerings (IPOs) Resurgence in 2025?

On January 16th, 2025, GT Medical Technologies, announced that it has raised $37 million in Series D financing round. The financing round was led by Evidity Health Capital and joined by Accelmed Partners. Current investors MVM…more

Clinical Trials, Corporate Financing, Food and Drug Administration (FDA), Healthcare, Initial Public Offering (IPO)

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Lincoln Essig

Easyweb v. Twitter and the Rise of the Non-Precedential Opinion

In a non-precedential opinion, the Federal Circuit affirmed the district court’s ruling that the claims at issue in Easyweb Innovations, LLC. v. Twitter, Inc. (“Easyweb”) were directed to patent-ineligible subject matter...…more

Abstract Ideas, Appeals, CLS Bank v Alice Corp, Mayo v. Prometheus, Patent Litigation

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Cesar Estrada

Can’t Stop a Bull: Limits of Claim Preclusion

INGURAN, LLC, DBA STGENETICS v. ABS GLOBAL, INC., GENUS PLC - Before Lourie, Bryson, and Reyna. Appeal from the United States District Court for the Western District of Wisconsin. Summary: Claim preclusion does not bar an…more

Claim Preclusion, Intellectual Property Protection, Patent Infringement, Patent Litigation, Patents

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Ariadad Fattahyani

Unsupported Expert Testimony Cannot Create a Genuine Issue of Material Fact

MIRROR WORLDS TECHS., LLC v. META PLATFORMS, INC. - Before Prost, Taranto, and Stark. Appeal from the United States District Court for the Southern District of New York. Summary: Expert testimony that is conclusory, supported…more

Discovery, Evidence, Expert Testimony, Genuine Issue of Material Fact, Non-Infringing Alternatives (NIAs)

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Ari Feinstein

Edwards v. Meril at the Supreme Court: Testing the Scope of Hatch-Waxman’s Safe Harbor

On October 11, 2024, Edwards filed a petition for a writ of certiorari with the U.S. Supreme Court. The question presented, as framed by Edwards, is: “Whether, under Hatch-Waxman’s safe harbor, an infringing act is “solely for…more

Amicus Briefs, Clinical Trials, En Banc Review, Food and Drug Administration (FDA), Hatch-Waxman

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Henry FitzGerald

Resolving Claim Construction Dispute at 12(b)(6) Stage May Be Error if Specification Indicates Claim Term Does Not Have its Plain Meaning

UTTO INC. v. METROTECH CORP. Before Prost, Taranto, and Hughes. Appeal from the United States District Court for the Northern District of California. Summary: The district court erred in construing the claims at the motion to…more

Appeals, Claim Construction, Motion to Dismiss, Patent Infringement, Patents

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Brian Flynn

Johnson & Johnson to Acquire Abbott Medical Optics

Johnson & Johnson recently announced an agreement to acquire Abbott Medical Optics for $4.325 billion. Abbot Medical Optics, a subsidiary of Abbot Laboratories, reported $1.1 billion in sales in 2015. According to the press…more

Acquisitions, Johnson & Johnson, Medical Devices, Popular

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Ryan Freedman

Falsely Claiming Patent Protection May Violate the Lanham Act

Before Reyna, Cunningham and Albright. Appeal from the United States District Court for the District of Colorado. Summary: A claim that an unpatented product feature is “patented,” “proprietary,” or “exclusive” may violate…more

Fraud, Inventions, Inventors, Lanham Act, Patent Infringement

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Serah Friedman Ph.D.

Enforcing a Patent Known to be Invalid Can Trigger Attorneys’ Fees

ENERGY HEATING, LLC v. HEAT ON-THE-FLY, LLC - Before Moore, Prost, and Stoll. Appeal from the U.S. District Court for the District of North Dakota. Summary: Enforcing a patent with knowledge that it is invalid can…more

Appeals, Attorney's Fees, Bad Faith, Declaratory Judgments, Inequitable Conduct

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Matthew Friedrichs

Low-Bar for Corroboration

MEDTRONIC, INC. v. TELEFLEX INNOVATIONS S.A.R.L. Before Moore, Lourie, and Dyk. Appeal from the Patent Trial and Appeal Board - Summary: Federal Circuit confirms low bar for evidence corroborating prior inventorship…more

Corroboration, Evidence, Intellectual Property Protection, Inter Partes Review (IPR) Proceeding, Inventors

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Michael Fuller

Renewed Efforts in Congress for Pharmaceutical Patent Reform

With the recent convocation of the 119th Congress, a change in administration, and resignation of USPTO Director Vidal, pharmaceutical patent reform is likely on the minds of many in Washington. Prior to this political…more

BPCIA, Hatch-Waxman, Healthcare Reform, Legislative Agendas, New Legislation

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Eric Furman, Ph.D.

CDRH Announces Pilot Program to Improve Recall Communication

On November 21, 2024, the FDA’s Center for Devices and Radiological Health (CDRH) announced a pilot communications program for improving the timeliness for communicating high-risk recalls. The CDRH intends for the pilot program…more

CDRH, Food and Drug Administration (FDA), Pilot Programs, Product Recalls

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Justin Gillett

No Patent-Like Claims Under State Law

Before Chen, Bryson, and Stoll. Appeal from United States District Court for the District of Delaware. Summary: Federal patent laws preempted a state-law conversion claim. Inventorship was properly evaluated using a…more

Appeals, De Novo Standard of Review, Intellectual Property Litigation, Inventors, Patent Litigation

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Ian Gillies

Second Chances From the Second Circuit: Tiffany’s $21m Judgment Is Overturned and Remanded Back to the SDNY

The U.S. Court of Appeals in the Second Circuit found in favor of Costco in the latest chapter of an over seven-year legal battle between Tiffany and Co. (“Tiffany’s”) and Costco Wholesale Corporation (“Costco”). A three judge…more

Costco, Counterclaims, Counterfeiting, Fair Use, Fashion Industry

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Brenden Gingrich, Ph.D.

The Intersection of FRAND Obligations and Anti-Suit Injunctions

TELEFONAKTIEBOLAGET LM ERICSSON v. LENOVO (UNITED STATES), INC. Before Lourie, Prost, and Reyna. Appeal from the Eastern District of North Carolina. Summary: The threshold requirement for anti-suit injunctions, that the…more

Anti-Suit Injunctions, ETSI, EU, FRAND, Good Faith

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Jordan Gottdank

BrainsWay Deep TMS System Receives FDA Clearance for OCD Treatment

Israel-based BrainsWay recently announced the de novo FDA clearance of its Deep Transcranial Magnetic Stimulation (TMS) system for treatment of obsessive compulsive disorder (OCD)…more

FDA De Novo Clearance, Israel, Medical Devices

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Brian Graham

AIPLA Legislative Proposal to Overrule Recent §101 Caselaw

With the continuing uncertainties regarding application of the subject matter eligibility standard enumerated in 35 U.S.C. §101 by both courts and the U.S. Patent Office, organizations that have an interest in clarifying the law…more

AIPLA, CLS Bank v Alice Corp, Innovation, Intellectual Property Owner’s Association (IPO), Patent-Eligible Subject Matter

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Mitch Hadley

Boston Scientific Announces Acquisition of Symetis for $435 Million

Boston Scientific Corporation recently announced an agreement to purchase Swiss medical device maker Symetis SA for $435 million in up-front cash. The acquisition is expected to close in the second quarter of 2017…more

Acquisitions, Boston Scientific, Medical Devices

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Anna Hankal

Relying on Irrelevant Factors to Award Attorneys’ Fees Is a Red Flag

Before Moore, Lourie, and Albright. Appeal from the United States District Court for the District of Colorado. Summary: Awarding attorneys’ fees may be an abuse of discretion if the court relies on factors that should be given…more

Abuse of Discretion, Appeals, Attorney's Fees, Motion for Summary Judgment, Patent Infringement

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Julia Hanson

FTC Cracks Down on Deceptive Marketing: Old Southern Brass Faces Consequences for False Claims on “Made in USA” and Military Association

The Federal Trade Commission is cracking down on Florida-based EXOTOUSA LLC d/b/a Old Southern Brass and its owner (collectively, “OSB”) for deceptive claims regarding the origin of its products and its alleged financial…more

Advertising, Enforcement Actions, Federal Trade Commission (FTC), Goods or Services, Made in the USA

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Jeremiah Helm, Ph.D.

Federal Circuit Year in Review 2024

Report summary -Knobbe Martens' inaugural Federal Circuit Year in Review report offers a comprehensive overview of the most significant Federal Circuit rulings of 2024 and how they could shape IP law in the years ahead. Covering…more

Copyright, Intellectual Property Litigation, Intellectual Property Protection, Inter Partes Review (IPR) Proceeding, Obviousness

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Robert Hilton, Ph.D

New Tool From EPA, FDA, and USDA Guides Developers of Genetically Modified Microorganisms Through Regulatory Landscape

On October 2, 2024, the U.S. Department of Agriculture (USDA), U.S. Environmental Protection Agency (EPA), and U.S. Food and Drug Administration (FDA) released a new web-based interactive tool on the Unified Website for…more

Biotechnology, DEA, Environmental Protection Agency (EPA), Food and Drug Administration (FDA), GMO

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Catherine Holland

Suede Timbs on My Feet Make [Nas’s] Cipher Complete, but Timberland’s Section 2(f) Evidence Was Slacking and Acquired Distinctiveness Was Lacking

The TTAB has affirmed a refusal to register the trade dress configuration mark (see below) of the popular Timberland boot, a wardrobe staple in hip-hop culture (see The World is Yours by Nas), stating the configuration failed to…more

Acquired Distinctiveness, Fashion Industry, Trademark Act, Trademark Registration, Trademark Trial and Appeal Board

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Brian Horne

Schrader Hit With $31 Million Patent Verdict Over Tire Pressure Sensors

A Delaware jury has awarded Wasica Finance over $31 million in patent damages against Schrader Int’l. In 2013, Wasica accused Schrader Int’l of infringing a patent entitled “Device for Monitoring and the Air-Pressure in…more

Damages, Inter Partes Review (IPR) Proceeding, Patent Infringement, Patent Litigation, Patent Trial and Appeal Board

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Damien Howard

Visual Memory v. Nvidia – Configurability of memory system found to be a basis for patent-eligibility

The Federal Circuit recently decided a patent subject-matter eligibility case relating to computer memory in Visual Memory LLC v. Nvidia Corp. In a divided opinion, the Federal Circuit reversed the district court and held…more

Abstract Ideas, Appeals, Claim Construction, CLS Bank v Alice Corp, Computer-Related Inventions

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Curtis Huffmire

Patent Law Update for Medical Device Companies 2018 (Presentation)

Knobbe Martens Partners Paul Conover, Irfan Lateef, and Curtis Huffmire presented "Patent Law Update for Medical Device Companies 2018" at the MedTech Innovation Summit in San Francisco, CA on November 28, 2018. This session…more

Abstract Ideas, Administrative Procedure, America Invents Act, Biotechnology, Claim Amendments

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Daniel Hughes

A Published Patent Application Is IPR Prior Art as of Its Filing Date

Before Lourie, Prost, and Stark - Summary: In an IPR, a patent application is considered a “printed publication” as of the application’s filing date, not its publication date. Samsung filed a petition for IPR of a Lynk Labs…more

Filing Deadlines, Intellectual Property Protection, Inter Partes Review (IPR) Proceeding, Obviousness, Patent Litigation

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Brandon Hupka

The Printed Matter Doctrine: Lost in Communication

Before Lourie, Chen, and Stoll. Appeal from the Patent Trial and Appeal Board. Summary: Claim limitations requiring communications to be “encrypted” or to deliver “program code” were not subject to the printed matter doctrine…more

Patent Litigation, Patent Trial and Appeal Board, Patents, Printed Matter Doctrine

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Jonathan Hyman

FDA and FTC Crack Down on Delta-8 THC Copycat Products

In a concerted effort to combat the illegal sale of delta-8 THC edibles packaged to look like popular snacks, the US Food and Drug Administration (FDA) and the Federal Trade Commission (FTC) have recently begun issuing warnings…more

Advertising, Cannabidiol (CBD) oil, Cannabis Products, Cease and Desist Orders, Enforcement

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Bruce S. Itchkawitz, Ph.D.

Revenge of the Present Invention

Patentees suing alleged infringers have learned from a long history of federal district court and Federal Circuit rulings that (paraphrasing the Miranda warning given to criminal suspects) “anything you say [in the patent or…more

Inventions, Patent Applications, Patent Infringement, Patent Litigation, Patent-Eligible Subject Matter

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Susan Janicki, Ph.D.

New Tool From EPA, FDA, and USDA Guides Developers of Genetically Modified Microorganisms Through Regulatory Landscape

On October 2, 2024, the U.S. Department of Agriculture (USDA), U.S. Environmental Protection Agency (EPA), and U.S. Food and Drug Administration (FDA) released a new web-based interactive tool on the Unified Website for…more

Biotechnology, DEA, Environmental Protection Agency (EPA), Food and Drug Administration (FDA), GMO

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Jason Jardine

Heading Towards an Optimistic Initial Public Offerings (IPOs) Resurgence in 2025?

On January 16th, 2025, GT Medical Technologies, announced that it has raised $37 million in Series D financing round. The financing round was led by Evidity Health Capital and joined by Accelmed Partners. Current investors MVM…more

Clinical Trials, Corporate Financing, Food and Drug Administration (FDA), Healthcare, Initial Public Offering (IPO)

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Russell Jeide

2019 Eligibility Guidance Leads to Unpredictable Results at the PTAB

In January of 2019, the Patent Office, under Director Iancu, issued new guidance to all USPTO personnel evaluating patent subject matter eligibility under the requirements of 35 USC Section 101. The guidance sought to add…more

Abstract Ideas, New Guidance, Patent Applications, Patent Examinations, Patent Trial and Appeal Board

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Joe Jennings

Jury Verdict of Patent Infringement in Favor of iLife Against Nintendo Awarding $10 Million in Damages

Judgments and Awards - On August 31, 2017, a jury in the Northern District of Texas returned a verdict of patent infringement in favor iLife and against Nintendo. The case went to trial after the Federal Circuit on July 26,…more

Damages, Jury Verdicts, Nintendo, Patent Infringement, Patent Royalties

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Aaron Johnson

No Shortcuts to the “Reasonable Pertinence” Analysis in the Analogous Art Inquiry

DONNER TECHNOLOGY, LLC v. PRO STAGE GEAR, LLC - Before Prost, Dyk, and Hughes. Appeal from the Patent Trial and Appeal Board. Summary: A determination as to whether a reference is analogous art to a claimed invention…more

Analogous Art, Inter Partes Review (IPR) Proceeding, Inventors, Obviousness, Patent Litigation

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Agnes Juang, Ph.D.

Novo Nordisk Seeks to Block Compounded Versions of Diabetes / Weight Loss Drug

On October 22, 2024, Novo Nordisk made a submission to the U.S. Food and Drug Administration (FDA) nominating Novo Nordisk’s semaglutide products (WEGOVY, OZEMPIC and RYBELUS) to be included in the FDA’s lists of drug products…more

Drug Compounding, Federal Food Drug and Cosmetic Act (FFDCA), Food and Drug Administration (FDA), Pharmaceutical Industry, Pharmacies

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Mark Kachner

Not a Cowboy Claim Construction, University of Wyoming’s Patent Adequately Defined Claim Term

CHEVRON U.S.A. INC. v. UNIVERSITY OF WYOMING RESEARCH - Before Newman, Lourie, and Schall. Appeal from Patent Trial and Appeal Board. Summary: Intrinsic evidence is sufficient support for claim construction in an…more

Claim Construction, Claim Terms, Expert Testimony, Interference Proceeding, Intrinsic Evidence

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Daniel Kamkar

The Tangential Exception to Prosecution History Estoppel

ELI LILLY AND COMPANY v. HOSPIRA, INC. Before Lourie, Moore, and Taranto. Appeal from the District Court for the Southern District of Indiana. Summary: A narrowing claim amendment does not necessarily surrender all…more

Claim Amendments, Claim Limitations, Doctrine of Equivalents, Patent Applications, Patent Infringement

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Ben Katzenellenbogen

How to Pull Off the Great Balancing Act | Law Practice Today

Maintaining a healthy balance between work and personal life can be challenging in any career. With the demanding workflow that comes with being a lawyer finding a balance can often prove to be even more challenging. However,…more

Professional Development, Young Lawyers

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Lauren Keller Katzenellenbogen

Choosing the Right IP to Protect Fashion Goods

It’s hard to be a fashion innovator. It’s far easier to be an imitator. Success requires enormous investment in creating and marketing new designs, with no certainty that the designs will succeed. The imitator merely needs to…more

Copyright, Counterfeiting, Design Patent, Fashion Branding, Fashion Design

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Daniel Kiang

Federal Circuit Review | January 2025

In Honeywell International Inc. v. 3G Licensing, S.A., Appeal No. 23-1354, the Federal Circuit held that under the obviousness standard of 35 U.S.C. § 103, the motivation to modify prior art does not need to be the same as the…more

Appeals, Claim Construction, Intellectual Property Protection, Inter Partes Review (IPR) Proceeding, Obviousness

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Nicole Kim

Skinny Labeling May Not Be Enough to Avoid Induced Infringement Allegations

Before Moore, Lourie, and Albright. Appeal from the United States District Court for the District of Delaware. Summary: The totality of the complaint’s allegations must be considered when assessing whether induced patent…more

Food and Drug Administration (FDA), Infringement, Labeling, Patent Infringement, Pharmaceutical Patents

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Andrew Kimmel

FTC Settlement With Fertility-Tracking App May Have Costly Ramifications for Companies Who Use Third-Party Data Analytics Software

On January 13, 2021, the FTC announced that fertility app developer Flo Health, Inc. (“Flo”) agreed to a settlement over allegations that the company shared app users’ health information with third-party data analytics…more

Analytics, Consent Order, Data Privacy, Data Processors, Data-Sharing

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Brianne Kingery

A Published Patent Application Is IPR Prior Art as of Its Filing Date

Before Lourie, Prost, and Stark - Summary: In an IPR, a patent application is considered a “printed publication” as of the application’s filing date, not its publication date. Samsung filed a petition for IPR of a Lynk Labs…more

Filing Deadlines, Intellectual Property Protection, Inter Partes Review (IPR) Proceeding, Obviousness, Patent Litigation

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Kregg Koch

NVIDIA Collaborates with Medtronic to Build AI Platform for Endoscopy Devices

NVIDIA announced in a press release a collaboration with Medtronic to integrate NVIDIA’s artificial intelligence (AI) technology into certain of Medtronic’s products. NVIDIA is a graphics processing unit (GPU) company, and…more

Artificial Intelligence, Medical Devices, NVIDIA, Popular, Software

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Sashank Krothapally

Bound to Happen: Inherent Property Leaves No Question of Reasonable Expectation of Success

CYTIVA BIOPROCESS R&D AB V. JSR CORP. - Before Prost, Taranto, and Hughes. Appeal from the Patent Trial and Appeal Board. Summary: A claim limitation merely reciting an inherent property or result of an otherwise obvious…more

Appeals, Inter Partes Review (IPR) Proceeding, Patent Litigation, Patent Ownership, Patent Validity

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Lindsay Laddaran

Federal Circuit Has Jurisdiction to Review Joinder Decisions in IPRs

FACEBOOK, INC., V. WINDY CITY INNOVATIONS LLC Before Prost, Plager, and O’Malley. Appeal from the Patent Trial and Appeal Board. Summary: The Federal Circuit has jurisdiction to review challenges to the Board's joinder…more

Facebook, Inter Partes Review (IPR) Proceeding, Joinder, Jurisdiction, Patent Infringement

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Alan Laquer

The Supreme Court holds that a copyright claimant may not sue for infringement until the Copyright Office has granted or refused registration of the work at issue

On Monday, March 4, 2019, the U.S. Supreme Court held in a unanimous decision that, under § 411(a) of the Copyright Act, a claimant may not bring suit for copyright infringement until the Copyright Office has either granted or…more

Appeals, Copyright, Copyright Infringement, Copyright Litigation, Copyright Registration

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Stephen Larson

Gunn v. Minton: The Supreme Court's Correction of the Federal Circuit's Overly Broad Assertion of Jurisdiction Over State-Law Claims

For nearly two decades, the Federal Circuit has applied a lenient standard for federal jurisdiction that routinely sweeps state law claims into the exclusive jurisdiction of the federal courts merely because the claims require…more

Attorney Malpractice, Certiorari, Gunn v Minton, Jurisdiction, Patents

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Irfan Lateef

Federal Circuit Review | January 2025

In Honeywell International Inc. v. 3G Licensing, S.A., Appeal No. 23-1354, the Federal Circuit held that under the obviousness standard of 35 U.S.C. § 103, the motivation to modify prior art does not need to be the same as the…more

Appeals, Claim Construction, Intellectual Property Protection, Inter Partes Review (IPR) Proceeding, Obviousness

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Peter Law

Design Patent Protection for Fashion

On May 12, 2020, the United States Patent and Trademark Office issued over 700 new design patents. Fashion-related designs figured prominently among the new patent grants including accessories like eyeglasses (see U.S. Design…more

Design Patent, Fashion Branding, Fashion Design, Fashion Industry, Intellectual Property Protection

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Aaron Lazarecky

Platinum Cannot Stand on Speculation

Before Moore. Appeal from the Patent Trial and Appeal Board. Summary: Standing based on potential infringement liability requires concrete plans for future activity which will create a substantial risk of future infringement or…more

Appeals, Dismissals, Inter Partes Review (IPR) Proceeding, Patent Infringement, Patent Litigation

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Christy Lea

Conformis Continues Litigations Against Patient-Specific Medical Technologies

On June 3, 2021, Conformis continued its patent enforcement efforts involving patient-specific technologies by filing suit against Bodyhub and Exactech in the Middle District of Florida. In a first complaint, filed against…more

Inter Partes Review (IPR) Proceeding, Patent Infringement, Patent Litigation, Patent Trial and Appeal Board, Patents

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Jae Jin Lee

Estoppel Does Not Apply to Previously Issued Claims

Before Bryson, Lourie, and Reyna. Appeal from the United States Patent and Trademark Office (“PTO”), Patent Trial and Appeal Board (“Board”). Summary: Estoppel under 37 C.F.R. § 42.73(d)(3)(i) only applies to obtaining new or…more

Estoppel, Ex Partes Reexamination, Inter Partes Review (IPR) Proceeding, Patent Invalidity, Patent Trial and Appeal Board

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Sabing Lee

Medical device innovations and IP: A strategy is everything.

Bringing a medical device to market relies on a broad understanding of IP, explain Sabing Lee and Kregg Koch of Knobbe Martens. The medical device industry is driven by innovation, where great ideas are developed into…more

Innovation, Intellectual Property Protection, Inventions, Medical Devices, Patents

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Christopher Lewis

Venture Capitalist Funding in Medtech Increasing

Recent reports, including one by PitchBook, indicate that both venture capitalist funding for medtech companies and the variety of medtech companies receiving venture capitalist funding has increased since the first quarter of…more

Digital Health, Investment, Investment Opportunities, Life Sciences, Medical Devices

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Mark Lezama

Knobbe Martens Client Nomadix Prevails On Summary Judgment

On January 27, the U.S. District Court for the Central District of California granted summary judgment in favor of Nomadix, Inc., ruling that competitor Blueprint RF infringes Nomadix’s patented Internet-access technology. The…more

Intellectual Property Protection, Patent Infringement, Patent Litigation, Patent Validity, Summary Judgment

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Chang Lim

Johnson & Johnson Acquires French Surgical Tech Firm Orthotaxy

On February 20, 2018, Johnson & Johnson Medical Devices Companies announced the acquisition of Orthotaxy, a privately-held developer of software-enabled surgery technologies, including a differentiated robotic-assisted surgery…more

Acquisitions, Johnson & Johnson, Medical Devices

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Kendall Loebbaka

Collateral Estoppel Does Not Apply When the Prior Proceeding Applies a Lower Burden of Proof

Because there are different burdens of proof in IPRs and district court, collateral estoppel does not preclude a patent owner from asserting claims that are immaterially different from claims canceled in an IPR…more

Appeals, Burden of Proof, Intellectual Property Litigation, Inter Partes Review (IPR) Proceeding, Patent Infringement

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Rory Lootsma

Zimmer Biomet to Acquire Paragon 28

Zimmer Biomet recently announced entering a definitive agreement to acquire all outstanding common shares of Paragon 28. Under the agreement, Zimmer Biomet will pay $13.00 per share, valuing Paragon 28 at approximately $1.1…more

Acquisitions, Healthcare, Investors, Life Sciences, Manufacturers

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Raymond Lu

A Patent Must Describe What Is Claimed, Not What Infringes

Before Lourie, Prost, and Reyna. Appeal from the U.S. District Court for the District of Delaware. Summary: A patent was not invalid for lack of written description for failing to describe the specific infringing embodiment…more

Appellate Courts, Claim Construction, Intellectual Property Litigation, Intellectual Property Protection, Patent Infringement

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Nathanael Luman, Ph.D.

USPTO Proposes Phillips-Type Claim Construction For Post Grant Proceedings at the PTAB

The USPTO published a Notice of Proposed Rulemaking on May 9, 2018 seeking to change the claim construction standard for PTAB trials from the current broadest reasonable interpretation (BRI) to the claim construction standard…more

Broadest Reasonable Interpretation Standard, Claim Construction, Covered Business Method Proceedings, Inter Partes Review (IPR) Proceeding, International Trade Commission (ITC)

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Joseph Mallon

Edwards v. Meril at the Supreme Court: Testing the Scope of Hatch-Waxman’s Safe Harbor

On October 11, 2024, Edwards filed a petition for a writ of certiorari with the U.S. Supreme Court. The question presented, as framed by Edwards, is: “Whether, under Hatch-Waxman’s safe harbor, an infringing act is “solely for…more

Amicus Briefs, Clinical Trials, En Banc Review, Food and Drug Administration (FDA), Hatch-Waxman

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Joshua Martineau

A Private Sale Is Not Sufficient for Public Disclosure Under 35 USC 102(b)(2)(B)

Before Dyk, Clevenger, and Stoll. Appeal from the Patent Trial and Appeal Board. Summary: An invention is not “publicly disclosed” under 35 USC 102(b)(2)(B) by the inventor’s private sale, even though a private sale may…more

Appeals, Inter Partes Review (IPR) Proceeding, Inventions, Patent Trial and Appeal Board, Patents

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Christie Matthaei

Commissioner’s Exercise of Vacant Director’s Duties Does Not Violate Appointments Clause

ARTHREX, INC. v. SMITH & NEPHEW, INC. Before Moore, Reyna, and Chen. Appeal from the Patent Trial and Appeal Board. Summary: During vacancies of Director and Deputy Director of the U.S. Patent and Trademark Office, the…more

Administrative Patent Judges, Appointments Clause, Arthrex Inc v Smith & Nephew Inc, Constitutional Challenges, Federal Vacancies Reform Act

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Hans Mayer

Potential Claim Construction Error Is Harmless When Not Relied Upon by the Board

BOT M8 LLC v. SONY INTERACTIVE ENTERTAINMENT LLC - Before Prost, Reyna, and Cunningham. Appeal from the Patent Trial and Appeal Board. Summary: A party challenging the Board’s decision by alleging claim construction…more

Claim Construction, Intellectual Property Protection, Patent Litigation, Patent Trial and Appeal Board, Patents

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Alistair McIntyre

CDRH Announces Pilot Program to Improve Recall Communication

On November 21, 2024, the FDA’s Center for Devices and Radiological Health (CDRH) announced a pilot communications program for improving the timeliness for communicating high-risk recalls. The CDRH intends for the pilot program…more

CDRH, Food and Drug Administration (FDA), Pilot Programs, Product Recalls

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Katherine McMorrow

FTC Warns Trade Associations and Influencers of Not-So-Sweet Penalties for Failing to Sufficiently Disclose Sponsorship of Aspartame and Sugar Products

Social media and influencer marketing is now critical for business promotion. However, organizations and influencers that misrepresent, fail to disclose, or include inadequate disclosures regarding their sponsorship or…more

Advertising, Beverage Manufacturers, Disclosure Requirements, Endorsements, Federal Trade Commission (FTC)

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Bryan McWhorter

2019 Eligibility Guidance Leads to Unpredictable Results at the PTAB

In January of 2019, the Patent Office, under Director Iancu, issued new guidance to all USPTO personnel evaluating patent subject matter eligibility under the requirements of 35 USC Section 101. The guidance sought to add…more

Abstract Ideas, New Guidance, Patent Applications, Patent Examinations, Patent Trial and Appeal Board

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Jonathan Menkes

FDA and FTC Crack Down on Delta-8 THC Copycat Products

In a concerted effort to combat the illegal sale of delta-8 THC edibles packaged to look like popular snacks, the US Food and Drug Administration (FDA) and the Federal Trade Commission (FTC) have recently begun issuing warnings…more

Advertising, Cannabidiol (CBD) oil, Cannabis Products, Cease and Desist Orders, Enforcement

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Kimberly Miller, Ph.D.

The Supreme Court Holds that Non-Public Sales May Trigger the On Sale Bar Under the America Invents Act

On Tuesday, January 22, 2019, the U.S. Supreme Court held in a unanimous decision that, even where the details of the invention are kept confidential, a commercial sale may place the invention “on sale” under the Leahy-Smith…more

America Invents Act, Appeals, Assignment of Inventions, Confidentiality Agreements, Helsinn Healthcare SA v Teva Pharmaceuticals USA Inc

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Phillip Minnick, Ph.D.

End of an Era: The After Final Consideration Pilot Program 2.0 Concludes

The sun is officially setting on the United States Patent and Trademark Office’s (USPTO) After Final Consideration Pilot Program 2.0 (AFCP 2.0)[1]. This program, which has been instrumental in facilitating patent prosecution…more

Compliance, Fees, Patent Applications, Patent Prosecution, Patents

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Ashley Morales

An Award of Attorneys’ Fees and Costs Under 35 U.S.C. §285 Does Not Preclude Sanctions Pursuant to the Court’s Inherent Authority

PS PRODUCTS INC. V. PANTHER TRADING CO. INC. - Before Moore, Stoll, and Cunningham. Appeal from the Eastern District of Arkansas. Summary: Section 285 does not prohibit an award of deterrence sanctions under the court’s…more

Attorney's Fees, Design Patent, Motion to Dismiss, Patent Infringement, Sanctions

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Sean Murray

Federal Circuit Year in Review 2024

Report summary -Knobbe Martens' inaugural Federal Circuit Year in Review report offers a comprehensive overview of the most significant Federal Circuit rulings of 2024 and how they could shape IP law in the years ahead. Covering…more

Copyright, Intellectual Property Litigation, Intellectual Property Protection, Inter Partes Review (IPR) Proceeding, Obviousness

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Susan Natland

GDPR: Ready for the EU’s New Data Privacy Law? What You Need to Know

What is the GDPR? The European General Data Protection Regulation (GDPR) is a new law going into effect on May 25, 2018 that grants European residents broad, never-before-recognized data privacy rights, and imposes…more

Compliance, Corporate Fines, Data Breach, Data Collection, Data Privacy

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Philip Nelson

Patent Eligibility Reform Introduced in the U.S. House of Representatives

Today Representatives Kevin Kiley (R-CA) and Scott Peters (D-CA) introduced the Patent Eligibility Restoration Act (PERA), bipartisan legislation mirroring a proposed law introduced last year by Senators Thom Tillis (R-NC) and…more

Patent Applications, Patent-Eligible Subject Matter, Patents, Proposed Legislation, USPTO

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Nefi Oliva

No Patent-Like Claims Under State Law

Before Chen, Bryson, and Stoll. Appeal from United States District Court for the District of Delaware. Summary: Federal patent laws preempted a state-law conversion claim. Inventorship was properly evaluated using a…more

Appeals, De Novo Standard of Review, Intellectual Property Litigation, Inventors, Patent Litigation

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Theodore Papagiannis

Newly Issued U.S. Patent for Knobbe Martens Client Pinnacle Spine Group, LLC

Knobbe Martens client Pinnacle Spine Group, LLC, a developer of innovative spinal fusion systems, today announced that the U.S. Patent and Trademark Office issued U.S. Patent No. 9,216,096 titled Intervertebral Implants and…more

FDA Approval, Medical Devices, Patents, USPTO

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Hyunjin Park

Performing Claimed Features Faster Than Humans by Using Generic Computers Is Not Sufficient as an Improvement to Computer Technology

Trinity Info Media, L.L.C. v. Covalent INC. Before STOLL, BRYSON, and CUNNINGHAM. Appeal from the United States District Court for the Central District of California. Summary: Patents directed to connecting users based…more

Abstract Ideas, Intellectual Property Protection, Patent Infringement, Patent Litigation, Patents

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Raina Patel

Novacure’s Wearable Lung Cancer Treatment Device, Optune Lua, Receives FDA Approval

The FDA has granted approval for Novocure‘s wearable medical device, Optune Lua, designed to treat advanced non-small cell lung cancer (NSCLC). The device utilizes portable transducer arrays placed on the skin to deliver…more

Food and Drug Administration (FDA), Medical Devices, Mesothelioma

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Jamal Perry

Consider the Relevant Technology Carefully Before Claiming Ranges in Patent Applications

RAI STRATEGIC HOLDINGS, INC. v. PHILIP MORRIS PRODUCTS S.A - Before Chen, Stoll, and Cunningham. Appeal from the Patent Trial and Appeal Board…more

Intellectual Property Protection, Patent Applications, Patent Litigation, Patent Trial and Appeal Board, Patents

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Isabella Pestana

Vertos Medical Latest Acquistion in Stryker's M&A Streak

Medical technologies giant Stryker announced on Tuesday, October 1st, that it completed the acquisition of Vertos Medical for an undisclosed amount. Vertos Medical is a privately held company specializing in interventional pain…more

Acquisitions, Medical Devices, Mergers, Stryker

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Matthew Petersen

New Trial Granted Because “Nearly All” of the Defendant’s Noninfringement Evidence Was Untimely

The district court erred by admitting untimely expert testimony on noninfringement and by refusing to grant a new trial after the jury found noninfringement. Trudell Medical International (“Trudell”) sued D R Burton Healthcare…more

Appeals, Claim Construction, Daubert Standards, Discovery, Evidence

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Wendy Peterson

Music Licensing Basics: How to Legally Use Someone’s Music in Your Business

Introduction - •Music copyrights: –Musical works – sheet music and lyrics •Author is generally composer/lyricist and controls •Can be administered through a music publisher -…more

ASCAP, BMI, Copyright, Fair Use, IP License

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Matthew Pham

If a Case Was Baseless, It Would Have Ended Sooner

OneSubsea IP UK Limited v. FMC Technologies, Inc. Before Clevenger, Moore, and Dyk. Appeal from the United States District Court for the Southern District of Texas. Summary: Ordering additional discovery before ultimately…more

Intellectual Property Protection, Inter Partes Review (IPR) Proceeding, Patent Infringement, Patent Litigation, Patent Trial and Appeal Board

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Gregory Phillips

A Discussion With Amazon Counterfeit Crimes Unit’s Joe Wheatley: How Amazon Finds Bad Actors and Removes Counterfeit Products

In this inaugural episode of the Knobbe IP+ podcast, Knobbe Martens partner Greg Phillips speaks with Joe Wheatley, Senior Counsel, Amazon Counterfeit Crimes Unit, about how the Counterfeit Crimes Unit searches the Amazon…more

Amazon Marketplace, Corporate Branding, Counterfeit Goods Regulation, Counterfeiting, E-Commerce

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Arash Pia

The Patent Trial and Appeal Board Has Jurisdiction Over IPRs Challenging Expired Patents

Before Lourie, Dyk, and Hughes. Appeals from the United States Patent and Trademark Office. Summary: The Patent Trial and Appeal Board has jurisdiction over IPRs concerning expired patents because the review of such patents…more

Appeals, Apple, Intellectual Property Protection, Inter Partes Review (IPR) Proceeding, Jurisdiction

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Adam Powell

To Limit or Not to Limit: What Is the Basis of Your Prior Art Distinction During Prosecution?

VECTURA LIMITED v. GLAXOSMITHKLINE LLC - Before Prost, Bryson, and Wallach. Appeal from the United States District Court for the District of Delaware Summary: Distinguishing prior art based on the structure of the…more

Appeals, Claim Construction, Patent Infringement, Patent Litigation, Patents

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Susan Pratt, Ph.D.

Reliably Determining Reasonable Royalty Rates From Lump-Sum Licenses

Summary: License agreements containing a lump-sum payment “based on” a royalty rate may provide reliable evidence of a reasonable royalty rate for the licensed patent. EcoFactor sued Google for patent infringement over…more

Google, License Agreements, Licenses, Patent Infringement, Patents

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Rhett Ramsey

Novartis Loses Bid for Preliminary Injunction Against MSN Pharmaceuticals

Judge Andrews of the District of Delaware recently denied Novartis’s request for a preliminary injunction against MSN Pharmaceuticals. Novartis Pharm. Corp. v. MSN Pharm. Inc., Civil Action No. 20-md-2930-RGA, Dkt. No. 1456 (D…more

Abbreviated New Drug Application (ANDA), Food and Drug Administration (FDA), Generic Drugs, Pharmaceutical Industry, Pharmaceutical Patents

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Joseph Re

This Year’s Top Ten IP Cases

#10 Design Patent Damages § 289 - Samsung Elecs. Co., v. Apple Inc., 580 U.S. _ (Dec. 6, 2016) - In the case of a multicomponent product, the relevant article of manufacture for arriving at a damages award under…more

Apple v Samsung, Article of Manufacture, Broadest Reasonable Interpretation Standard, Calculation of Damages, Commercial Offer for Sale

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Nathan Reeves

Reversal on Reverse Doctrine of Equivalents

Conflicting expert testimony constituted substantial evidence supporting the jury’s rejection of a reverse doctrine of equivalents argument…more

Appeals, Doctrine of Equivalents, Evidence, Expert Testimony, Intellectual Property Litigation

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Joseph Reisman, Ph.D.

Teva v. Amneal Oral Arguments and Claim Construction Order: Recent Developments in the Ongoing Debate Over the Orange Book Listing of Device Patents

As the FTC continues to crack down on pharmaceutical manufacturers’ allegedly improper listing of patents in the FDA Orange Book, counsel for Teva and Amneal presented oral arguments in the Court of Appeals for the Federal…more

Abbreviated New Drug Application (ANDA), Claim Construction, Federal Trade Commission (FTC), Food and Drug Administration (FDA), Hatch-Waxman

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Morgan Robertson

Exhibit Combustion: Disavowing Contradictory Statements Contained in Complaint Exhibits

HEALTHIER CHOICES MANAGEMENT CORP. V. PHILIP MORRIS USA, INC. Before Taranto, Stoll, and Cunningham. Appeal from the United States District Court for the Northern District of Georgia. Summary: A plaintiff can…more

Intellectual Property Protection, Patent Infringement, Patent Litigation, Patents

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Jacob Rosenbaum

A Private Sale Is Not Sufficient for Public Disclosure Under 35 USC 102(b)(2)(B)

Before Dyk, Clevenger, and Stoll. Appeal from the Patent Trial and Appeal Board. Summary: An invention is not “publicly disclosed” under 35 USC 102(b)(2)(B) by the inventor’s private sale, even though a private sale may…more

Appeals, Inter Partes Review (IPR) Proceeding, Inventions, Patent Trial and Appeal Board, Patents

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Marissa Rosenbaum

What’s Enough to Show Information Is “Trade Secret” for Filing Under Seal?

DEPUY SYNTHES PRODUCTS, INC. v. VETERINARY ORTHOPEDIC IMPLANT, INC. Before Prost, Clevenger, and Dyk. Appeal from the Middle District of Florida. Summary: Internal efforts to maintain confidentiality are not enough to…more

Amended Complaints, Confidentiality Agreements, Patent Infringement, Patent Litigation, Patents

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Mark Rubinshtein

FDA Approves Neuralink to Begin Human Trials of Brain Implants

Neuralink, the biotechnology company founded by Elon Musk, has received approval from the U.S. Food and Drug Administration (FDA) to commence human trials of its implantable brain-computer interface device. Recruitment for the…more

Clinical Trials, Elon Musk, FDA Approval, Food and Drug Administration (FDA), Healthcare

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Matthew Ruth

UK Proposes Approving Medical Devices Based on Approval in Other Countries

Device manufacturers may soon have access to a new framework for marketing and selling medical devices in the United Kingdom. On May 21, 2024, the UK Medicines and Healthcare products Regulatory Agency (MHRA) published..…more

Australia, Canada, EU, Food and Drug Administration (FDA), Labeling

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Ed Schlatter

Knobbe Martens Client STAR Envirotech Wins Affirmance of IPR Decision Finding Patent Valid

On December 31, 2015, the U.S. Court of Appeals for the Federal Circuit affirmed the Patent Trial and Appeal Board’s decision that a STAR Envirotech patent relating to its evaporative emission testing tools is valid and not…more

Automotive Industry, Inter Partes Review (IPR) Proceeding, Obviousness, Patent Trial and Appeal Board, Patent Validity

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David Schmidt, Ph.D.

PTAB Applies Collateral Estoppel to Exclude Purported Patent Owner

The PTAB issued an order applying collateral estoppel to determine that one purported owner of U.S. Patent 7,215,752 and U.S. Patent 7,844,041 (the “challenged patents”) had no authority to act as the patent owner in Microsoft…more

Collateral Estoppel, Dismissal With Prejudice, Expungement, Inter Partes Review (IPR) Proceeding, IP Assignment Agreements

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Melanie Seelig

The Defend Trade Secrets Act: What You Should Do Now

On May 11, 2016, President Obama signed the Defend Trade Secrets Act (DTSA) into law. The DTSA is an expansion of the Economic Espionage Act of 1996 and generally authorizes a civil action in federal court for the…more

Anti-Retaliation Provisions, Defend Trade Secrets Act (DTSA), Employment Contract, Immunity, Misappropriation

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Karen Cassidy Selvaggio

Platinum Cannot Stand on Speculation

Before Moore. Appeal from the Patent Trial and Appeal Board. Summary: Standing based on potential infringement liability requires concrete plans for future activity which will create a substantial risk of future infringement or…more

Appeals, Dismissals, Inter Partes Review (IPR) Proceeding, Patent Infringement, Patent Litigation

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Jessica Sganga

“All of the Lights” on Yeezy as Walmart Opposes Yeezy’s Trademark Application

In April 2021, big-box retailer Walmart Apollo, LLC (“Walmart”) filed a trademark opposition against Yeezy LLC’s (“Yeezy”) U.S. Trademark Application Serial No. 88/746444 for its sun rays design mark, shown below (“Yeezy’s…more

Fashion Design, Fashion Industry, Intellectual Property Protection, Kanye West, Trademarks

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Ben Shiroma

Federal Circuit Instructs PTAB How to Apply Public Accessibility Standard

WEBER, INC. v. PROVISUR TECHNOLOGIES, INC. - Before Reyna, Hughes, and Stark. Appeal from the Patent Trial and Appeal Board. Summary: Copyright notices in product manuals, which prohibited their reproduction and…more

Copyright, Intellectual Property Protection, Inter Partes Review (IPR) Proceeding, Patent Infringement, Patent Litigation

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Charles Sirek

Responding to Preliminary Guidance Is the Core Purpose of the MTA Pilot Program

Before Dyk, Prost, and Stark. Appeal from the Patent Trial and Appeal Board. Summary: Because the PTAB’s MTA Pilot Program’s core purpose is to allow patent owners to address errors or deficiencies in motions to amend, the…more

Inter Partes Review (IPR) Proceeding, Motion to Amend, New Guidance, Patent Trial and Appeal Board, Pilot Programs

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Joshua Stowell

Federal Circuit Upholds $112 Million Win for Knobbe Martens Client CardiAQ

On September 1, the U.S. Court of Appeals for the Federal Circuit affirmed a $112 million win for Knobbe Martens client CardiAQ in its trade secret misappropriation case against former service provider Neovasc. A three-judge…more

Breach of Contract, Damages, Duty of Honest Performance, Enhanced Damages, Life Sciences

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Craig Summers

Nike's Shoe Patents Outrun Puma's Challenge

On May 3, 2018, Nike filed a lawsuit against Puma in the U.S. District Court for the District of Massachusetts accusing Puma of infringing seven of its utility patents related to footwear. In an earlier post on this blog, we…more

Abstract Ideas, Affirmative Defenses, CLS Bank v Alice Corp, Fashion Design, Federal Rule 12(b)(6)

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Ningxi Sun

FDA Issues Draft Guidance for the Use of Artificial Intelligence (AI) in Medical Devices and Drug Development

The Food and Drug Administration (FDA) has recently issued two draft guidance documents aimed at providing recommendations for the use of AI in medical devices and drug and biological product development.These guidance documents…more

Artificial Intelligence, Biologics, Cybersecurity, Data Management, Draft Guidance

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Sheila Swaroop

Federal Circuit Year in Review 2024

Report summary -Knobbe Martens' inaugural Federal Circuit Year in Review report offers a comprehensive overview of the most significant Federal Circuit rulings of 2024 and how they could shape IP law in the years ahead. Covering…more

Copyright, Intellectual Property Litigation, Intellectual Property Protection, Inter Partes Review (IPR) Proceeding, Obviousness

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Nickolas Taylor

Read the Fine Print: Federal Circuit Vacates Dismissal of Patent Infringement Claims Based on an Express License, Where Some Transactions Could Fall Within the Scope of the Claims Yet Remain Unlicensed

Before Stark, Lourie, and Bryson. Appeal from the United States District Court for the District of Connecticut. Summary: A narrowly defined patent license may result in some activity falling within the scope of the patent…more

Dismissals, Licensing Rules, Patent Infringement, Patent Litigation, Patents

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Vlad Teplitskiy

When and Where to File Patent Applications

Excerpt: "In general, a patent is only valid in the country (or, in some cases, countries) where the patent office that issued it has responsibility. With so many patent offices around the world, how does one decide in which…more

Canada, Canadian Intellectual Property Office (CIPO), Grace Period, Innovation, Intellectual Property Protection

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Justin Theam

Collateral Estoppel Does Not Apply When the Prior Proceeding Applies a Lower Burden of Proof

Because there are different burdens of proof in IPRs and district court, collateral estoppel does not preclude a patent owner from asserting claims that are immaterially different from claims canceled in an IPR…more

Appeals, Burden of Proof, Intellectual Property Litigation, Inter Partes Review (IPR) Proceeding, Patent Infringement

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Melis Tirhi

Tying Claimed Technological Advancements to Specific Technological Methods Is a Winning POV on Patent Eligibility

Before Reyna, Prost, and Schall. Appeal from the United States District Court for the Northern District of California. Summary: Claims are patent-eligible under 35 U.S.C. § 101 where the written description discloses improving…more

Alice/Mayo, Patent-Eligible Subject Matter, Patents, Prior Art, Summary Judgment

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Savannah Torborg

A Certification Mark May Be Famous for Any Reason and May Connote More Than the Product’s Place of Origin

Before Lourie, Clevenger and Hughes. Appeal from the Trademark Trial and Appeal Board. Summary: Fame and likelihood of confusion analyses must thoroughly consider all relevant factors and evidence, including the potential for…more

Certification Marks, Consumer Confusion, Dismissals, Geographical Certification Marks, Remand

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Alexander Trimes

Commissioner’s Exercise of Vacant Director’s Duties Does Not Violate Appointments Clause

ARTHREX, INC. v. SMITH & NEPHEW, INC. Before Moore, Reyna, and Chen. Appeal from the Patent Trial and Appeal Board. Summary: During vacancies of Director and Deputy Director of the U.S. Patent and Trademark Office, the…more

Administrative Patent Judges, Appointments Clause, Arthrex Inc v Smith & Nephew Inc, Constitutional Challenges, Federal Vacancies Reform Act

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Makoto Tsunozaki Ph.D.

Novo Nordisk Seeks to Block Compounded Versions of Diabetes / Weight Loss Drug

On October 22, 2024, Novo Nordisk made a submission to the U.S. Food and Drug Administration (FDA) nominating Novo Nordisk’s semaglutide products (WEGOVY, OZEMPIC and RYBELUS) to be included in the FDA’s lists of drug products…more

Drug Compounding, Federal Food Drug and Cosmetic Act (FFDCA), Food and Drug Administration (FDA), Pharmaceutical Industry, Pharmacies

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Terry Tullis

Design Patents Update

In This Presentation: - Part I: Design Patent Overview ...Apple v. Samsung ...What is a Design Patent? ...Differences Between Utility and Design Patents ...Ins and Outs of the Specification ...Benefits &…more

Apple v Samsung, Attorney's Fees, Design Patent, Patent Infringement, Patent Litigation

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Mauricio Uribe

Video Games and Esports: Why WIPO’s ADR is Tailored to Help Resolve IP Disputes

In this episode of the Knobbe IP+ podcast, Knobbe Martens partner Mauricio Uribe speaks with World Intellectual Property Organization (WIPO) Legal Officer Oscar Alberto Suárez Bohorquez on the recently announced WIPO Alternative…more

Dispute Resolution, eSports, Gaming, Intellectual Property Protection, IP License

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Jeff Van Hoosear

Of Broccolini and Branding: Don't Let Your Trademark Wilt

Congratulations on successfully trademarking your product or brand! Now it’s crucial to protect that investment through diligent trademark oversight and enforcement. This involves actively monitoring for, and taking appropriate…more

Brand, Cease and Desist, Dilution, Enforcement, Goods or Services

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Gerard Von Hoffmann

Newly Issued U.S. Patent for Knobbe Martens Client Pinnacle Spine Group, LLC

Knobbe Martens client Pinnacle Spine Group, LLC, a developer of innovative spinal fusion systems, today announced that the U.S. Patent and Trademark Office issued U.S. Patent No. 9,216,096 titled Intervertebral Implants and…more

FDA Approval, Medical Devices, Patents, USPTO

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Sabrina Wang

BioSig Technologies Receives FDA 510(k) Clearance for Its Noninvasive Electrophysiology Information System

The Los Angeles-based medical device company BioSig Technologies, Inc. announced in a press release the FDA 510(k) clearance of its PURE EP System, which is designed to aid electrophysiology procedures, such as cardiac ablation…more

510(k) RTA, Biotechnology, FDA Approval, Medical Devices

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Douglas Wentzel

Every Word Counts: Specification Naming Conventions Can Limit Claim Scope

A patent’s specification established a naming convention that applied to terms in the patent’s claims. Microchip Technology filed an IPR, arguing all claims of HD Silicon Solutions’ patent were invalid. The challenged patent was…more

Appeals, Claim Construction, Intellectual Property Litigation, Intellectual Property Protection, Inter Partes Review (IPR) Proceeding

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Matthew Whitehead

Relying on Computer-Implemented, Result-Focused Functional Language Is a Bad Bet

Before Dyk, Prost, and Stark. Appeal from the United States District Court for the District of New Jersey. Summary: Recitations of a computer-implemented method can be an abstract idea and non-eligible under 35 U.S.C. § 101 if…more

Alice/Mayo, Appeals, Motion to Dismiss, Patent-Eligible Subject Matter, Technology Sector

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Jessie Yang

Minority Owners of a Trademark Registrant, Who neither Use nor Possess Ownership Rights in the Mark, Cannot Seek Cancellation of Third-Party Trademark Registrations Based on Likelihood of Confusion

Appeal from the United States Patent and Trademark Office, Trademark Trial and Appeal Board. Summary: Parties that own minority shares in the trademark registrant, but do not separately use or possess an ownership right in the…more

Fraud, Likelihood of Confusion, Minority Shareholders, Motion to Dismiss, Third-Party

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Daniel Yarbrough, Ph.D.

Microbiome Regulation Emerges From the Shadows: FDA to Co-Host Workshop on Live Cell Therapeutics

Research supporting the role of the microbiome in human, animal, and plant health continues to grow at a staggering rate. While the wave of new health technologies emerging from this research rises, companies working in the…more

Clinical Trials, Food and Drug Administration (FDA), Intellectual Property Protection, Life Sciences, Medical Research

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Logan Young

AIA Patents May Not Be Challenged in Interference Proceedings

SNIPR Technologies Ltd v. Rockefeller University - Before Chen, Wallach, and Hughes. Appeal from the United States Patent and Trademark Office, Patent Trial and Appeal Board. Summary: Patents whose priority is governed…more

America Invents Act, Intellectual Property Protection, Inter Partes Review (IPR) Proceeding, Interference Proceeding, Patent Infringement

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Lynda Zadra-Symes

Bulk-Filed Patent Applications Claiming Distant Priority Trigger Prosecution Laches

HYATT v. HIRSHFELD - Before Reyna, Wallach, and Hughes. Appeal from the United States District Court for the District of Columbia. Summary: The PTO met its burden to prove prosecution laches for bulk-filed patent…more

35 U.S.C. § 145, Board of Patent Appeals, Laches, Patent Applications, Patent Examinations

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Sophia Zahn

Teva v. Amneal Oral Arguments and Claim Construction Order: Recent Developments in the Ongoing Debate Over the Orange Book Listing of Device Patents

As the FTC continues to crack down on pharmaceutical manufacturers’ allegedly improper listing of patents in the FDA Orange Book, counsel for Teva and Amneal presented oral arguments in the Court of Appeals for the Federal…more

Abbreviated New Drug Application (ANDA), Claim Construction, Federal Trade Commission (FTC), Food and Drug Administration (FDA), Hatch-Waxman

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Alexander Zeng

Recent Developments in Medical Casts

On October 5, 2023, the World Intellectual Property Organization published Cast21’s PCT application related to its alternative cast device – a 3D-printed exoskeleton created from a medical-grade resin. Cast21’s device seeks to…more

3D Printing, Healthcare, Intellectual Property Protection, Inventions, Life Sciences

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William Zimmerman

Federal Circuit Rules on Biosimilar Notice Requirement

Biosimilar Applicants Must Provide Notice of Commercial Launch: What You Need To Know - Case Background - In an opinion released today in Amgen v. Apotex, the Federal Circuit held biosimilar applicants who…more

Amgen, Apotex, Appeals, Biologics, Biosimilars

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Marko Zoretic

Intellectual Property Protection Strategies for Successful Business in the US and Canada

Imagine that you are a founder of a revolutionary technology startup in Canada. Your company is about to release its blockbuster product that will disrupt the entire industry and catapult your company to fame and fortune. Your…more

Berne Convention, Canada, Copyright, Cross-Border Transactions, Intellectual Property Protection

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Nicholas Zovko

Shifting Venue for Patent Infringement Lawsuits

Knobbe Martens attorneys Nicholas Zovko and Brandon Smith co-authored "Shifting Venue for Patent Infringement Lawsuits" for the Orange County Business Journal Intellectual Property Law Supplement. Excerpt: The U.S. Supreme…more

Patent Litigation, Principal Place of Business, TC Heartland LLC v Kraft Foods

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