Fed Circuit Watch: PTAB Invalidity Collaterally Estops Assertion of Those Claims in Later Appellate Case
The Court of Appeals for the Federal Circuit waded into a convoluted case involving patents directed to X-Y chromosome sorting techniques for selective breeding in livestock. This case is XY, LLC v....
CannabIP: U.S. Patent No. 9,937,147 B2
U.S. Patent No. 9,937,147 B2 issued on April 10, 2018, for “Edible Base Product Composition,” to applicant NBDD, Inc., and inventor Doug DeGeeter, of San Francisco, California. The claims are...
Fed Circuit Watch: Walker Process Case Denied En Banc Review
On June 15, 2018, an expanded panel of the Court of Appeals for the Federal Circuit denied petitions for rehearing and rehearing en banc in a per curiam order. This case is Xitronix Corp. v....
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...
SCOTUS Watch: Challenge to Secret AIA On-Sale Bar as Helsinn Granted Certiorari
On June 25, 2018, the United States Supreme Court granted the petition for writ of certiorari requested by Helsinn Healthcare S.A. In the appellate case which had been winding its way through the...
CannabIP: U.S. Patent No. 9,901,607 B2
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),...
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