Intellectual Property

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In Re:  Surigisil, LLP et al.

Docket No. 2020-1940 (https://cafc.uscourts.gov/opinions-orders/20-1940.OPINION.10-4-2021_1843781.pdf)

MOORE, NEWMAN, O’MALLEY

October 4, 2021

Brief Summary:  Board decision finding design patent claim anticipated by art tool prior art reversed (e.g., “the claim is limited to lip implants and does not cover other articles of manufacture”). Summary:  Surgisil appealed USPTO Board decision affirming an examiner’s rejection of its design patent application (29/491,550) to a lip implant as anticipated by a Blick art tool “‘made of “tightly spiral-wound, soft gray paper’ and is used ‘for smoothing and blending large areas of pastel or charcoal.’”  Surgisil’s “claim language recites…
Continue Reading Board design patent anticipation decision reversed as prior art is to an art tool while design patent claim is “limited to lip implants”

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The war against COVID 19 includes the search for safe and effective medicines to treat those who contract the virus. A recent breakthrough from Merck provides hope for many.
Meanwhile off-label use of an older Merck drug referred to as a horse dewormer has been a hot news item. The route a chemical compound takes from isolation, to identification, to discovery of therapeutic properties, and finally validation of safety and efficacy can be a long journey with many twists and turns along the way. The paths taken by two chemical compounds to become potential COVID treatments are both stories that…
Continue Reading Molnupiravir & Ivermectin’s Equine Connections

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The war against COVID 19 includes the search for safe and effective medicines to treat those who contract the virus. A recent breakthrough from Merck provides hope for many.
Meanwhile off-label use of an older Merck drug referred to as a horse dewormer has been a hot news item. The route a chemical compound takes from isolation, to identification, to discovery of therapeutic properties, and finally validation of safety and efficacy can be a long journey with many twists and turns along the way. The paths taken by two chemical compounds to become potential COVID treatments are both stories that…
Continue Reading Molnupiravir & Ivermectin's Equine Connections

Illinois’ Senators Durbin (D) and Duckworth (D) announced that they have established a screening committee and are accepting applications from those interested in serving as a Federal District Court Judge in the Northern District. The screening committee will consist of:

  • The Honorable David H. Coar (Ret.)(committee chair):  Judge Coar served as a United States District Judge for the Northern District of Illinois for sixteen years, from 1994-2010.   He had previously served the Northern District for eight years as a United States Bankruptcy Judge and for three years as a United States Bankruptcy Trustee.  Judge Coar taught for over a decade at

…
Continue Reading Screening Committee Established for Northern District of Illinois Vacancies

In Re:  Vivint, Inc.

Docket No. 2020-1992 (http://www.cafc.uscourts.gov/sites/default/files/opinions-orders/20-1992.OPINION.9-29-2021_1841724.pdf)

MOORE, SCHALL, O’MALLEY

September 29, 2021

Brief Summary:  PTO has the authority to reconsider ex parte reexamination under § 325(d).

Summary:  Vivint appealed USPTO denial of its request to dismiss Alarm.com’s request for ex parte rexamination of U.S. 6,717,513 after Alarm’s multiple attempts to challenge the validity using the IPR system.  This FC panel opinion explained that “in the post-AIA world, a patent can be reexamined either in federal court during a defense to an infringement action, in an ex parte reexamination by the Patent Office, or in the suite…
Continue Reading FC panel finds PTO has the authority to reconsider ex parte reexamination under § 325(d)

SRI International, Inc. v. Cisco Systems, Inc.

Docket No. 2020-1685, -1704 (http://www.cafc.uscourts.gov/sites/default/files/opinions-orders/20-1685.OPINION.9-28-2021_1841166.pdf)

DYK, PROST, HUGHES

September 28, 2021

Brief Summary:  DC finding of no willfulness reversed; grant of enhanced damages and attorney’s fee affirmed. Summary:  SRI appealed DC denial of its motion to reinstate the jury’s willfulness verdict and the enhanced damages award.  Cisco cross-appealed the DC award of attorney fees.  In a first appeal (SRI II), the FC “held that the jury’s verdict of willful infringement before May 8, 2012 was not supported by substantial evidence because it was undisputed that Cisco did not know of SRI’s…
Continue Reading DC’s finding of no willfulness reversed, enhanced damages and attorney fees affirmed

Scope

The law goes into effect January 1, 2022 and amends the Freedom to Work Act (the Act), which restricts the use of non-compete agreements for low wage workers. For the first time, Illinois will have statutory requirements for mandatory review periods, definitions of adequate consideration and legitimate business interests, as well as specific salary minimums for employees subject to restrictive covenants. 

Application

The law will apply to non-compete and non-solicit covenants. The law does not apply to contracts covering confidential and proprietary information, protection of trade secrets, or inventions assignment agreements. The law also does not address covenants for independent contractors, and expressly…
Continue Reading Ping® October 2021 Changes Coming to Non-Compete Agreements in Illinois

The United States Courts of Appeals along with the United States District Courts in the Seventh and Eighth Circuits are hosting the Second Annual Bill of Rights Day Contest.
The Contest is open to all students in grades 3-12 in Arkansas, Illinois, Indiana, Iowa, Minnesota, Missouri, Nebraska, North Dakota, South Dakota, and Wisconsin.  Students are encouraged to submit art (videos, visual art, poems, songs) and essays on the Importance of the Bill of Rights.
A grand prize winner from each of the three groups (3-5, 6-8 and 9-12 grade) will be awarded a $500 cash prize, take part in the…
Continue Reading U.S. Courts Second Annual Bill of Rights Day Student Contest

The IPLAC’s Mentorship Committee is excited to announce its second annual mentorship session.  The mentoring program pairs experienced attorneys, patent agents, and paralegals with new attorneys, patent agents, paralegals and law students to provide mentoring in the intellectual property legal profession. This is a great opportunity to build both the experience and collegiality of our local IP bar. Please consider taking part in this program.
Registration for the Mentorship program will be open from September 27, 2021 to October 11, 2021.  Mentorship pairings will be announced by October 18, 2021 with a virtual introductory event on October 28, 2021.
Continue Reading IPLAC Mentorship Program 2021-2022

Jennewein Biotechnologie GmbH v. Int. Trade Comm. (Glycosyn LLC as Intervenor)

Docket No. 2020-2220 (http://www.cafc.uscourts.gov/sites/default/files/opinions-orders/20-2220.OPINION.9-17-2021_1836421.pdf)

DYK, PROST, HUGHES

September 17, 2021

Non-precedential

Brief Summary:  ITC claim construction and finding of infringement under the DOE affirmed.

Summary:  Jennewein appealed ITC’s claim construction and finding of infringement of Glycosyn’s US 9,970,018 related to methods for using E. coli and lactose to produce fucosylated oligosaccharides (“2-FL”) found in human milk.  The E. coli of the ‘018 claims have an inactivated or deleted endogenous b-galactosidase (b-gal) gene and “an functional exogenous b-galactosidase gene” and a b-gal activity of “between 0.05 and 200…
Continue Reading ITC claim construction and finding of infringement under the DOE affirmed

On November 4th to November 5th, from 7:30 a.m. to 4:15 p.m. CT, the UIC John Marshall Law School Center is hosting its 65th Annual Intellectual Property Law Conference.  The virtual conference offers an impressive lineup of Moderators and Panelists covering an expansive list of topics.  Sessions for each day are listed below:
DAY 1

  • Welcome & Don Dunner Leadership Award
  • Rethinking Innovation
  • The State of IP Law & Policy
  • Global Patent Issues
  • Copyright: The New Normal
  • Vaccines, IP, and Global Equity
  • Technology & Privacy
  • The Federal Circuit in Review
  • Forces of Change
  • Standard Essential Patents

 DAY 2

  • Global IP

…
Continue Reading 65th Annual Intellectual Property Law Conference

Omega Patents, LLC v. Calamp Corp.

Docket No. 2020-1793, -1794 (http://www.cafc.uscourts.gov/sites/default/files/opinions-orders/20-1793.OPINION.9-14-2021_1833974.pdf)

DYK, PROST, HUGHES

September 14, 2021

Brief Summary:  DC denial of CalAmp’s JMOL for a new trial on infringement affirmed but jury damages award vacated and remanded for improper apportionment.

Summary:  CalAmp appealed DC judgment of infringement and damages award regarding Omega’s US 8,032,278 relating to multi-vehicle-compatible systems that can remotely control various vehicle functions such as remote vehicle starting.  Omega appealed the DC’s post-verdict royalty rate.  The jury also found that CalAmp did not induce infringement of Omega’s US 6,756,885 (same subject matter at the ‘278…
Continue Reading DC denial of new infringement trial affirmed but jury damages award vacated due to improper apportionment

On Thursday, September 23, 2021, from 12:00 p.m. to 1:00 p.m. CT, the Corporate Committee of the Intellectual Property Law Association of Chicago (“IPLAC”) is hosting a panel discussion focusing on how to transition and succeed as an in-house counsel.  The panel is being moderated by Kara DeAngelis, McDonald’s Corporation Counsel, Privacy & Information Governance.  Panel members include:

  • Alexandra Kleiman, Momofuku, General Counsel and VP of Business Ventures;
  • Ann Palma, Groupon, Senior Corporate Counsel, Intellectual Property;
  • Megan Sindel Agnew, Heyday, Head of Legal and
  • Susan Lester, McDonald’s Corporation, Senior Counsel, Marketing & Intellectual Property.

The event is free for IPLAC…
Continue Reading Thinking about Going In-House?

On Tuesday, September 21, 2021, from 12:00 p.m. to 1:00 p.m. CT, the Intellectual Property Law Association of Chicago’s (IPLAC) Diversity, Equity, and Inclusion (DEI) Committee is hosting a virtual film discussion on One Night in Miami. The film is a fictional account of one incredible night where Muhammad Ali, Malcolm X, Sam Cooke, and Jim Brown gathered to discuss their roles in the civil rights movement. Issues brought up by the characters and ways in which such issues can be addressed in our IP community will be discussed.  Click here to register for the event.  Once you register, you…
Continue Reading Virtual Film Discussion: One Night In Miami

Venture CapitalWeekly update ⋅

September 14, 2021

Chapel Hill’s TrueBridge Capital closes $170M fund, will focus investments in other VC firms …

CHAPEL HILL – Venture capital firm TrueBridge Capital Partners has closed its first venture capital fund-of-funds that will focus on seed- and …Flag as irrelevant

Russian Telecom Operator MTS Launches $100 Million Venture Fund– Forbes

The MTS AI Intema fund’s launch comes amid a surge of investment in AI-focused startups with over $55 billion committed to the sector in 2020 alone.

Raising venture capital for the first time? Not sure where to start? – Fast Company

Fast CompanyDear…
Continue Reading Venture Capital Weekly Headlines – Ping®

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As the acceptance of artificial intelligence for smart devices grows, AI is permeating an ever- increasing number of industries. The animal and pet-related industries are no exception. Products for animal identification, monitoring and biometric data-gathering include Iams’ NOSEiD for identification via dog noseprint, Zoetis’ Vetscan Imagyst for diagnostic fecal testing and Stable Guard for monitoring horses in the barn. Even more interesting developments and potential new products are on the horizon. Commentary on some of the latest AI powered animal-related inventions worth watching and the intellectual property that protects them follow.

Neural Networks are Trainable but can we say the…
Continue Reading Ones to Watch: Animal-Related Inventions Harnessing the Power of AI