Intellectual Property

Nalpropion Pharmaceuticals, Inc. v. Actavis Laboratories FL, Inc. Docket No. 2018-1221 PROST, LOURIE, WALLACH August 15, 2019 Brief Summary: DC decision of no invalidity for lack of WD affirmed, but decision of no obviousness reversed. Summary: Actavis appealed DC judgment that is proposed ANDA naltrexone/bupropion extended release product (ANDA 208043) would infringe certain claims of Nalpropion’s US 7,375,111; 7,462,626; and 8,915,195; that those claims are not invalid for lack of written description (WD) or obviousness; the effective date of Actavis’ ANDA can be no earlier than the expiration dates of the patents; and permanently enjoining Actavis from manufacturing, using, or…
Genetic Vet. Sciences, Inc. (“PPG”) v. Laboklin GmbH & Co., KG, The University of Berlin Docket No. 2018-2056 WALLACH, HUGHES, STOLL August 9, 2019 Brief Summary: DC finding of personal jurisdiction over foreign university and its foreign licensee affirmed; finding of no eligibility of claims for detecting genetic mutations under section 101 affirmed. Summary: Paw Prints Genetics (“PPG”) appealed DC DJ finding Laboklin’s US 9,157,114 directed to “[a]n in vitro method for genotyping a Labrador Retriever” by genotyping a particular gene as being unpatentable under section 101. The University and exclusive licensee Laboklin appealed the DC’s denial of its motion…
Eli Lilly and Company v. Hospira, Inc., Dr. Reddy’s Laboratories Docket No. 2018-2126, -2127, -2128 LOURIE, MOORE, TARANTO August 9, 2019 Brief Summary: DC literal infringement decision reversed, but infringement under DOE affirmed. Summary: Hospira and Dr. Reddy’s (DRL) appealed two DC judgments of infringement of Lilly’s US 7,772,209 regarding antifolate pemetrexed product Alimta® (a disodium salt; NDA 021462 for which the ‘209 patent is the only OB-listed patent). Hospira and DRL sought to market pemetrexed ditromethamine, “represent[ing] to the FDA that their choice of the tromethamine cation was immaterial because pemetrexed dissociates from its counterion in solution…and tromethamine was…
My partners Steve Jedlinski and Anthony Fuga recently wrote a valuable article about a new Federal Circuit decision dealing with functionality and exhaustion issues for design patents. It is republished below with permission. In a relatively rare opinion regarding design patents, the U.S. Court of Appeals for the Federal Circuit weighed in recently on the requirements for design patents in its Automotive Body Parts Association v. Ford Global Technologies, LLC, No. 2018-1613 (Fed. Cir. 2019) decision. The U.S. Patent and Trademark Office (USPTO) grants design patents to inventors with a “new, original, and ornamental design for an article of…
Ajinomoto Co. et al. v. Int. Trade Commission (ITC) et al. Docket No. 2018-1590, -1629 (ITC No. 337-TA-1005) DYK (C/D), MOORE, TARANTO August 6, 2019 Brief Summary: ITC claim construction, written description, and finding that certain E. coli strains imported by CJ infringed Ajinomoto’s patent affirmed. Summary: Ajinomoto appealed ITC decision (19 USC section 1337) that certain E. coli strains used to produce L-tryptophan and imported by CJ CheilJedang Corp. (“CJ”) infringed the claims of US 7,666,655 (the “earlier strains”), while others did not (the “later strains”), and the ITC’s claim construction. The ITC also found that the ‘655 patent…
Celgene Corp. v. Laura A. Peter (USPTO) Docket No. 2018-1167, -1168, -1169, -1171 (IPR2015-01096, -01102, -01103, -01092) TARANTO, MAYER, CHEN July 30, 2019 Brief Summary: Board obviousness determinations of Celgene’s thalidomide administration-related claims affirmed; arguments that IPRs are unconstitutional for pre-AIA patents rejected. Summary: Celgene appealed Board IPR decisions finding its thalidomide administration-related claims (e.g., “method for delivering a teratogenic drug…while avoiding the delivery of said drug to a [fetus]”; US 6,045,501 and US 6,315,720) invalid for obviousness, but also regarding the constitutionality of “the retroactive application of IPR proceedings to pre-AIA patents”. The Coalition for Affordable Drugs filed the…
June patent filings saw an uptick in the retail space. Frequent filers included Aeritas, Internet Media Interactive, Secure Cam, and Symbology. As usual, I prepared the report in partnership with and using Docket Navigator and its powerful database.  Docket Navigator is a valuable resource, and the place to go if you want to keep track of new patent litigation filings or want to know what is happening in particular cases, how your judge has historically handled a particular type of motion, or a particular plaintiff’s litigation history.  Finally, please let me know if you have thoughts about the report or…
By Alec Schulmanalec@jayaramlaw.com Introduction It is clear that our world has become dominated by the entertainment and sports markets.[1] As these markets have grown, so has the notoriety of individuals affiliated with them. Athletes, actors, models, and musicians who wish to commercialize their “personas” often choose to partner with corporate entities looking to create mutually beneficial relationships.[2] However, due to the non-uniformity of laws between governments, these individuals often find themselves navigating complex legal doctrines, requiring skilled attorneys to walk them through the commercialization process and take action against unauthorized parties seeking to profit off of their…
Automotive Body Parts Association v. Ford Global Technologies, LLC Docket No. 2018-1613 Hughes, Scholl, Stoll July 23, 2019 Brief Summary: DC decision that Ford’s hood and headlamp design patents are not “primarily functional” designs and not unenforceable under doctrines of exhaustion or repair Summary: As explained in the opening paragraphs of this opinion, in it the FC panel “decide[s] what types of functionality invalidate a design patent”. ABPA asked the FC panel “to hold that aesthetic appeal-rather than any mechanical or utilitarian aspect-of a patented design may render it functional” and therefore not qualified for a design patent. Ford accused…
May patent filings stayed quiet in the retail space. Frequent filers included Coding Technologies, Geographic Location Innovations, Rothschild, Symbology and Vindolor. As usual, I prepared the report in partnership with and using Docket Navigator and its powerful database.  Docket Navigator is a valuable resource, and the place to go if you want to keep track of new patent litigation filings or want to know what is happening in particular cases, how your judge has historically handled a particular type of motion, or a particular plaintiff’s litigation history.  Finally, please let me know if you have thoughts about the report or…
By Brett Manchelbrett@jayaramlaw.com Today, ambitious plaintiffs’ attorneys are being retained by disabled clients who navigate to websites of local businesses and test them out to see if they are accessible via screen reading technology. Screen readers are one of the main ways legally blind people use the internet. Screen-readers can only work if they can comprehend the content on your website. When they run into errors, the attorneys send a demand letter or file a lawsuit for violations of the Americans with Disabilities Act (“ADA”). Being named in a lawsuit, usually filed in federal court, is often an expensive…
By Palak V. Patelpalak@jayaramlaw.com In this day and age, online dating has become the most popular way of meeting a significant other. Tinder, Bumble, Coffee Meets Bagel, Hinge, etc. all have revolutionized the way people meet each other. The concept is simple: (1) users make a profile with a few pictures and a short description; (2) they can view the profiles of others and either swipe right if they are interested in connecting or swipe left if they aren’t; and (3) if the other user swipes right on your profile then you have an opportunity to chat on the…
By Vivek Jayaramvivek@jayaramlaw.com A lot has changed in the 15 years I have been practicing law.  And nearly as much has evolved since we started Jayaram Law 10 years ago.  There are entire empirical studies on practice area trends, industry growth, and firm profitability.  This post isn’t necessarily about any of those things.  But because we represent so many entrepreneurs and innovative brands, we tend to see things that ultimately migrate to the mainstream.  With that in mind, here are a few brief thoughts on why every firm advising the leaders of tomorrow needs to stay on top of…
CCS Technology, Inc. v. Panduit Corp. Docket No. 2018-1733, -1734 (IPR2016-01647, -01648) TARANTO, MAYER, CHEN July 19, 2019 Non-precedential Brief Summary: Board’s IPR claim construction (broadest reasonable construction) and findings of invalidity for anticipation and obviousness affirmed. Summary: CCS appealed Board IPR decision for certain claims of US 6,869,227 and 6,758,600 (identical specifications) related to systems for managing bi-directional fiber optic communications (“universal breakout harness”) invalid for anticipation or obviousness. Each of the challenged claims include the terms “optical ribbon” and “optical fiber ribbon”, which the Board construed under the broadest reasonable construction (BRC; Cuozzo, US 2016; Teva, US 2015)…
Patent filings remained quiet in April. Frequent filers included Cascades Branding, Coding Technologies, eCeipt, Geographic Location Innovations, Grecia, Internet Media Interactive, and Landmark Technology. As usual, I prepared the report in partnership with and using Docket Navigator and its powerful database.  Docket Navigator is a valuable resource, and the place to go if you want to keep track of new patent litigation filings or want to know what is happening in particular cases, how your judge has historically handled a particular type of motion, or a particular plaintiff’s litigation history.  Finally, please let me know if you have thoughts about…
Pet Patents & Policy speed needed to win protection for your invention How do you know if a thoroughbred will grow up to be a superstar athlete on the race track? One woman’s invention helps provide the answer. Dr. Emmeline Hill discovered methods for unlocking genetic information about a horse by examining sequence variants of the equine myostatin gene. Her inventions are protected by U.S. Patent Nos. 9,249,470 and 8,771,943; and sold in genetic test kits from Plusvital to help predict factors such as a horses’ height, speed, and whether it may be better on dirt tracks or turf tracks.…