Intellectual Property

Many people who board their horses have found themselves unable to ride due to the quarantine. Boarder barns nationwide have been closed to all but essential workers caring for the animals in an effort to dampen the spread of the COVID 19 virus, so those who still want to ride may seek other methods of riding without having access to a live horse. Here’s a look at some of the horseless options to satisfy your appetite for riding, if you want to something more than the hilarious simulated riding this creative posted to YouTube. Horseback riding simulators can be non-mechanical,…
Biogen Int. GmbH v. Banner Life Sciences LLC Docket No. 2020-1373 LOURIE, MOORE, CHEN April 21, 2020 Brief Summary: DC judgment that patent extended under § 156 does not included metabolite covered by claim but not listed in Tecfidera® label affirmed. Summary: Biogen appealed DC judgment that Banner does not infringe the portion of US 7,619,001 that was extended by 811 days under the Hatch-Waxman Act (35 USC § 156) regarding the multiple sclerosis drug Tecfidera® (“DMF”, the dimethyl ester of fumaric acid). The FC panel explains that ‘001 method of treatment claim 1 covers administration of a “pharmaceutical preparation…
Cardionet, LLC et al. v. Infobionic, Inc. Docket No. 2019-1149 DYK, PLAGER, STOLL April 17, 2020 Brief Summary: DC patent ineligibility decision (section 101) reversed and remanded (“not rendered ineligible for patent simply because it involves an abstract concept”). Summary: CardioNet (CN) appealed DC dismissal of its infringement complaint after holding the asserted claims related to cardiac monitoring technology patent ineligible under section 101. Independent claim 1 of CN’s US 7,941,207 “detects beat-to-beat timing of cardiac activity, detects premature ventricular beats (irregular beats that interrupt the normal heart rhythm), and determines the relevance of the beat-to-beat timing to atrial fibrillation…
Social media has made it easier than ever for creative, talented people to turn their works of art into a revenue stream. You no longer need the backing of a big company or an art gallery to reach millions of people. Sharing your most recent creations or even live-streaming the process of making new art can attract hundreds or thousands of followers, some of whom you could successfully convert into sales of merchandise featuring your art. Unfortunately, sharing your art online also means that it is easier than ever for someone to steal your intellectual property with the intent of…
Everite Transworld Ltd. v. MIEH, Inc., No. 19 C 678, Slip Op. (N.D. Ill. Feb. 24, 2020) (Rowland, J.) Judge Rowland granted in part plaintiffs’ Fed. R. Civ. P. 12(b)(6) motion to dismiss defendant MIEH’s counterclaims for tortious interference and civil conspiracy in this patent dispute involving toy vehicles that travel through tubes. MIEH did not meet its Fed. R. Civ. P. 9(b) heightened pleading requirement for its civil conspiracy claim. First, the Court disregarded statements that MIEH did not allege to be false. And the remaining statements, even if they were false, were made after the parties executed the…
,Renowned architect Frank Lloyd Wright had a vision for the American city of the future – a plan for a layout of homes to provide enough acreage, air and light for each resident with an intentional mix of small farmsteads and homes. In 1935, he built and then displayed a model for his concept of Looking at the world today, where fresh air, outdoor activity and social distancing are at a premium and ,our densely populated cities are acting as giant Petri dishes in which contagious diseases are able to spread all too rapidly; perhaps it is time to resurrect…
Neurografix v. Brainlab, Inc., No. 12 C 6075, Slip Op. (N.D. Ill. Jan. 30, 2020) (Kennelly, J.) Judge Kennelly granted defendants’ (collectively “Brainlab”) Fed. R. Civ. P. 56 motion for summary judgment of no lost profits in this patent case involving tractographies. Plaintiff Neurografix was not entitled to lost profits because it had not made its own product and  it could not prove that it had the manufacturing and marketing capabilities to exploit the demand for Brainlab’s product. Neurografix did offer some evidence of plans to offer a competing service, but the plans were no more than speculative. For example,…
Rembrandt Diagnostics, LP v. Alere, Inc. et al. Docket No. 2019-1595, -1648 WALLACH, MAYER, STOLL April 10, 2020 Non-precedential Brief Summary: FC panel reverses DC claim construction (e.g., cannot exclude preferred embodiment, “‘equivalent’ does not require mathematical precision”). Summary: Rembrandt appealed DC construction of its claim of U.S. Pat. No. 6,548,019 to “[a] device for collecting and assaying a sample of biological fluid” using “an assay test strip…disposed within [a] flow control channel…wherein entry of fluid into the flow control channel creates an ambient pressure” therein “equivalent to the ambient pressure outside of the flow control channel”. Before trial, Rembrandt…
BASF Corp. v. SNF Holding Company, et al. Docket No. 2019-1243 LOURIE, REYNA, HUGHES April 8, 2020 Brief Summary: DC decisions finding prior knowledge or use, public use, and on-sale bar reversed and remanded. Summary: BASF appealed DC decision granted summary judgment (SJ) that claims 1 and 3-7 of US 5,633,329 are invalid as anticipated and that claim 2 is invalid as obvious. The claims relate to processes for preparing polymers “in a tubular reactor which has a conical taper at the end” for use in waste treatment, paper manufacturing, and mining. The DC concluded that a process performed by…
A question most founders will face is whether to set aside a percentage of their company’s stock to be reserved for employees. An employee option pool (also known as an equity pool or an incentive pool) is the number of shares a private company reserves from which it can grant stock options or restricted stock to award to its employees.  Although these awards are technically stock options or restricted stock, the word “pool” is used because it represents the grouped sum of all stock that is set for the company’s employees. Both restricted stock awards and stock option awards provide…
At the beginning of this year, California became the most prominent state to pass a comprehensive consumer privacy law known as the California Consumer Privacy Act of 2018 (CCPA). The CCPA imposes new obligations on qualified businesses, such as creating and updating privacy notices on websites and giving consumers access, deletion, and opt-out rights related to information collected about them. A few other states have passed their own consumer privacy laws, and as expected, numerous states are in the process of enacting similar laws to California’s. Other State Privacy Laws Nevada (enacted): Nevada’s privacy law (SB 220) is narrower in…
For founders, fundraising is one of the most exhausting and confusing jobs.  And although there’s many ways to finance a company, most startups today will consider one of two options:  a priced round or a non-priced round.  A priced round is a true equity round where the Company and its investors agree on a price per share, and a transaction follows.  A non-priced round – while less familiar to those outside the tech ecosystem – has become the most common way for early stage software companies to raise money for the first time.   Why?  Because using a SAFE or Convertible…
As a self-identifying bibliophile and well-seasoned introvert, quarantine has offered a rare opportunity to make a serious dent in my growing stack of unread books. Here is a short offering of suggested reading for isolation. I also recommend contacting your local bookstore to see if they are still accepting online orders and purchasing any new books directly through them. wow, no thank you – Samantha Irby If you haven’t read Irby’s first two collections of essays, Meaty and We are never meeting in real life, I suggest going back and acquainting yourself with the author’s unique tone and sense of…
Renowned architect Frank Lloyd Wright had a vision for the American city of the future – a plan for a layout of homes to provide enough acreage, air and light for each resident with an intentional mix of small farmsteads and homes. In 1935, he built and then displayed a model for his concept of Broadacre City where each home was to be associated with a plot of land so that a family could be self-sufficient; granting them great freedom and giving them the ability to grow their own food and practice animal husbandry. His concept challenged the very notion…
FameFlynet, Inc. v. Jasmine Enters. Inc., No. 17 C 4749, Slip Op. (N.D. Ill. Aug. 8, 2019) (Durkin, J.) Judge Durkin granted plaintiff FameFlynet’s motions for attorney’s fees as the prevailing party in this copyright dispute involving celebrity wedding photos, and granted in part defendant Jasmine’s motion to strike FameFlynet’s motion. Upon learning of FameFlynet’s allegations that Jasmine breached FameFlynet’s copyrights by posting FameFlynet’s images online, Jasmine took down the images. Additionally, at the outset of the case, the parties came to within $1,000 of settling, with FameFlynet demanding $16,000 and Jasmine countering at $15,000. Despite that, the case proceeded…
Nevro Corp. v. Boston Scientific Corp. et al. Docket No. 2018-2220, -2349 LOURIE, REYNA, HUGHES April 9, 2020 Brief Summary: DC grant of SJ based on its indefiniteness finding vacated and remanded (e.g., the correct standard is the Nautilus “reasonable certainty” standard). Summary: Nevro appealed DC summary judgment (SJ) that certain of its claims of seven patents including method of treatment, system and device claims related to using high-frequency spinal cord stimulation therapy to inhibit pain are invalid for indefiniteness. Boston Scientific (BSC) cross-appealed the DC decision finding certain other claims not indefinite and infringed. In making its decisions, the…