This is the second case dealing with Novartis in which the Court of Appeals for the Federal Circuit has handed down a decision related to patent term. While the facts of this case, Novartis AG v. Ezra Ventures LLC,[1] are very similar to the companion case decided on the same day, Novartis Pharmaceuticals Corp. v. …
Author: Yonaxis
Fed Circuit Watch: Later-Filed, Earlier-Expiring Patent Not Appropriate as Obviousness-Type Double Patenting Reference
An interesting case which revolved around the interplay between differing patent terms, patent term extension under 35 U.S.C. §156, and obviousness-type double patenting was decided on December 7, 2018, in Novartis Pharmaceuticals Corp. v. Breckenridge Pharmaceuticals Inc.,[1] by the Court of Appeals for the Federal Circuit. Patent term has changed based on acts of Congress. …
Fed Circuit Watch: Computer Security Improvement Found Patent-Eligible
Another patent-eligibility case has made its rounds through the appeals process, as the Court of Appeals for the Federal Circuit, in an opinion dated November 16, 2018, in Ancora Techs., Inc. v. HTC America, Inc.,[1] held that computer security improvement claim is patent-eligible under 35 U.S.C. §101. Ancora owns U.S. Patent No. 6,411,941 (‘941) directed …
TechPat: U.S. Patent No. D814,244 S1: New Year’s Edition
U.S. Patent No. D814,244 S1 (‘244) issued on April 3, 2018, for “Champagne Bucket.” It was issued to inventor Matthew Hartley of Eversham, Great Britain. The applicant/assignee is Robert Welch Designs Ltd. of Chipping, Campden, Great Britain, a household retailing company. This patent is a design patent under 35 U.S.C. §171, which protects the ornamental …
CannabIP: U.S. Patent No. 10,034,907 B1
U.S. Patent No. 10,034,907 (‘907) issued on July 31, 2018, for “Flavored and Edible Cannabinoid Composition and Method of Manufacturing.” It was issued to sole inventor and applicant Gerald Echavarry, of New Hyde Park, New York. The specification describes a new cannabinoid composition comprising cannabis resin, a solvent, and a flavoring agent. The claims are …
Government Shutdown Effect on IP Offices
At midnight on Friday, December 21, 2018, the U.S. government entered a partial shutdown, which means all non-essential federal departments will close operations until funding has been appropriated by Congress. This includes national parks, NASA, and federal agencies. Those exempt include airports and the U.S. Postal Service, which will continue normal service through Christmas Eve, …
TechPat: U.S. Patent No. D814,343 S1: Christmas Edition
U.S. Patent No. D814,343 S (‘343) issued on April 3, 2018, for “Dachshund Christmas Stocking.” It was issued to inventors/applicants Maria Lynne Ampolo of West Springfield, Massachusetts and Robert Kenneth King, II, of Colorado Springs, Colorado. The assignee is Hearth Hounds, LLC. This patent is a design patent under 35 U.S.C. §171, which protects the …
TechPat: U.S. Patent No. D822,384 S1: Christmas Edition
U.S. Patent No. D822,384 S1 (‘384) issued on July 10, 2018, for “Christmas Tree Storage Bag.” It was issued to inventor/applicant Jamie Limber of Phoenix, Arizona. This patent is a design patent under 35 U.S.C. §171, which protects the ornamental features of an article of manufacture. The features cover the full design of the storage …
PlantIP: U.S. Patent No. PP29,724 P3
U.S. Patent No. PP29,724 P3 (‘724) issued on October 2, 2018, for “Salvia Plant Named ‘Balmirvio’.” It was issued to inventor Troy Thorup of Chiang Mai, Thailand. The applicant/assignee is Ball Horticultural Company of West Chicago, Ilinois, an ornamental plant and seed company. This is a plant patent under 35 U.S.C. §161, which protects new …
Fed Circuit Watch: Primer and Diagnostic Method Claims Not Patent-Eligible
This is the second §101 case decided by the Court of Appeals for the Federal Circuit on October 9, 2018, Roche Molecular Systs., Inc. v. Cepheid.[1] This case is not so remarkable because it held patent claims as ineligible subject matter, but because there appears to be disjointed appellate §101 analysis applied between this case …