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SCOTUS Watch: Patent Damages Extends to Foreign Lost Profits

On June 22, 2018, the United States Supreme Court handed down its decision in the case, WesternGeco LLC v. ION Geophysical Corp., which will change the landscape for patent damages because foreign...

CannabIP: FDA Approves First Drug with CBD Active Ingredient

On June 25, 2018, the Food & Drug Administration (FDA) issued a press release in which it approved EPIDIOLEX® for treatment of epilepsy, Lennox-Gastaut syndrome, and Dravet syndrome. Lennox-Gastaut...

CannabIP: U.S. Patent No. 9,901,607 B2

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U.S. Patent No. 9,901,607 B2 issued on February 27, 2018, to Mark J. Silen, directed to compositions and method of manufacture of preparing and manufacturing smokeless controlled release of...

USPTO Issues Two Exam Memos In Light of Vanda and Berkheimer

Two recent examination guidance memoranda issued by the USPTO to assist patent examiners in examination procedures highlight the importance of two recent Fed Circuit cases: Vanda Pharmaceuticals Inc....

Fed Circuit Watch: En Banc Denied in Berkheimer and Aatrix

On May 31, 2018, the Court of Appeals for the Federal Circuit issued two per curiam orders denying petitions for en banc review. Berkheimer v. HP Inc., and Aatrix Software, Inc. v. Green Shades...

SCOTUS Watch: Supreme Court Vacates CBM Scope Definition

On May 14, 2018, the U.S. Supreme Court granted PNC Bank National Assoc.’s petition for writ of certiorari and vacated the Fed Circuit’s ruling limiting the scope of a covered business method (CBM),...

Fed Circuit Watch: Innovative Abstract Idea is Still Abstract Idea

On May 15, 2018, the Court of Appeals for the Federal Circuit handed down SAP America, Inc. v. InvestPic, LLC. The patent at-issue, U.S. Patent No. 6,349,291 (‘291) was directed to systems and...

IP & Nonhumans: Lessons of Naruto the Monkey on AI

A particular copyright case, although not dealing directly with technology, has fingerprints that lead to one area of technology that shares some legal issues with animals: artificial intelligence....

Fed Circuit Watch: Merck’s Unclean Hands Render Hep C Patents Unenforceable

The doctrine of unclean hands is a judicially-created equitable defense in which equitable relief is denied where that party has acted in a fraudulent manner or in bad faith. Gilead Scis., Inc. v....

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