Patent Law Weblog
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- USPTO and DOJ Statement of Interest in Collision Communications: Another Thumb on the Scale in Favor of NPE Patent Plaintiffs
- Oasis Tooling, Inc. v. Siemens Industry Software Inc. (Fed. Cir. 2026)
- Why AI Will Not Take Over the World
- BioNTech Sues Moderna over mRNA Vaccine Technology
- CNIPA Issues Letter on Identity of Foreign Inventors
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Month: November 2019
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The authors and contributors of Patent Docs wish their readers and families a Happy Thanksgiving. Publication of Patent Docs will resume on November 30th.
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By Kevin E. Noonan — "Everything you say can be held against you" is a trope in crime shows from the U.S., Australia, New Zealand, the UK, and Ireland (stated in various ways), and a recent decision by the Federal Circuit regarding preclusion of infringement under the doctrine of equivalents by prosecution history estoppel is…
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By Donald Zuhn — Today, in Merck Sharp & Dohme Corp. v. Wyeth LLC, the Federal Circuit vacated and remanded two final written decisions by the U.S. Patent and Trademark Office Patent Trial and Appeal Board finding claim 18 of U.S. Patent No. 8,562,999 to be nonobvious. The '999 patent, which is directed to formulations…
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By Kevin E. Noonan — Part of every interference are a variety of housekeeping matters which, while not dispositive, are important to recognize for their effects (or potential effects) on the proceedings. Some are simple matters: for example, on October 28th, the Board granted the Broad's request for authorization to file a Reply to CVC's…
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By Kevin E. Noonan — On October 14th, Senior Party the Broad Institute (joined by Harvard University and MIT) filed several authorized motions in Interference No. 106,115, including Substantive Motion No. 2 and No. 3, against Junior Party the University of California, Berkeley; the University of Vienna; and Emmanuelle Charpentier; collectively, "CVC." In its Motion…
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December 2, 2019 – "Cross-Border Trends, Tactics and Strategic Insights: What European and U.S. Lawyers Should Each Know About Litigating Abroad" (Practising Law Institute) – London December 5, 2019 – Intellectual Property Law Educational Program (Clyde & Co and McDonnell Boehnen Hulbert & Berghoff LLP) – 6:15 pm to 7:00 pm, London
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Clyde & Co and McDonnell Boehnen Hulbert & Berghoff LLP will be hosting an onsite program from 6:15 pm to 7:00 pm on December 5, 2019 at Central Working (4th floor) in London (80 Wood Lane, White City, London W12 0BZ). The program, which will take place in conjunction with I-HUB at Imperial College London,…
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By Kevin E. Noonan — On October 14th, Senior Party the Broad Institute (joined by Harvard University and MIT) filed several authorized motions, including Substantive Motion No. 3 (to designate claims as not corresponding to the count), against Junior Party the University of California, Berkeley; the University of Vienna; and Emmanuelle Charpentier; collectively, "CVC." In…
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By Michael Borella — Koninklijke KPN N.V. (KPN) sued Gemalto M2M GmbH (Gemalto) and several other parties in the District of Delaware for infringement of its U.S. Patent No. 6,212,662. The defendants moved for dismissal under Rule 12(c), contending that the asserted claims lacked subject matter eligibility. The District Court judge granted the motion. KPN…
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By Kevin E. Noonan — October 14th was a busy day at the Patent Trial and Appeal Board (PTAB) for the current interference over CRISPR technology (No. 106,115). The Junior Party (the University of California, Berkeley; the University of Vienna; and Emmanuelle Charpentier; collectively, "CVC") filed its Substantive Motion No. 1 for priority benefit to…
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