CannabIP: U.S. Patent No. 9,889,100 B2
U.S. Patent No. 9,889,100 B2 issued on February 13, 2018, for “Cannabidiol for Treatment of Severe and Refractory Graft-Versus-Host Disease.” The inventor is Moshe Yeshurun, and the...
9th Circuit Serves Up Blurred Lines of Copyright Protection for Musical Works
On March 21, 2018, the Court of Appeals for the Ninth Circuit ruled in a split decision in Williams v. Gaye, that the Estate of Marvin Gaye was entitled to broad copyright protection over Gaye’s 1977...
Fed Circuit Watch: Common Sense Cannot Replace Evidentiary Support
On March 23, 2018, the Court of Appeals for the Federal Circuit handed down DSS Techs. Mgmt., Inc. v. Apple Inc., reversing two IPR decisions in Apple’s favor on a DSS-owned patent which the PTAB...
Snippets Not Fair Use According to Second Circuit
In another fairly big copyright decision by a federal court of appeals, another seeming technological innovation in the digital space was viewed as copyright infringement. The Court of Appeals for...
Fed Circuit Watch: PTAB Obligated to Follow Own Rules
On March 19, 2018, the Court of Appeals for Federal Circuit handed down Dell Inc. v. Acceleron, LLC (and an erratum) In this case, the panel, composed of Judges Moore, Reyna, and Taranto, ruled that...
Fed Circuit Watch: Unreasonably Broad PTAB Claim Construction Reversed
On March 19, 2018, the Court of Appeals for the Federal Circuit rejected, in In re Power Integrations, Inc., a PTAB decision finding that claims were invalidated as anticipated as unreasonably...
Fed Circuit Watch: Written Description From Earlier-Filed PCT with Species Claim Sufficient Support for Later-Filed Genus Claim
On March 14, 2018, the Court of Appeals for the Federal Circuit ruled on Hologic, Inc. v. Smith & Nephew, Inc., which deals with many areas in patents, including foreign applications, priority...
CannabIP: U.S. Patent No. 9,895,342 B2
U.S. Patent No. 9,895,342 B2 issued on February 20, 2018, for “Cannabinoids for Use in the Treatment of Neuropathic Pain.” It is assigned to GW Pharma Ltd., which is a fairly large pharmaceutical...
Fed Circuit Watch: Well-Prepared Lexicography Dooms Claim Term as Obvious
This, unfortunately, was a bad week for Steuben Foods, Inc., since this is the second case it lost at the Federal Circuit against the same adversary, Nestlé Foods. This time, in Nestle USA, Inc. v....
Fed Circuit Watch: Claim Construction in Earlier IPR Bars Review of Same Term in Later IPR
Steuben Foods, Inc. did not have a good week at the Federal Circuit. On March 13, 2018, two decisions were rendered against it in two patent cases, although for different rationales. The first,...
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