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 directed to an edible product containing concentrates of starch, specifically rice, lipid, specifically tapioca maltodextrin, and at least 33% by weight a concentrate containing a …
Author: Yonaxis
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. KLA-Tencor Corp.,[1] and the enlarged panel was composed of Chief Judge Prost, and Judges Newman, Lourie, Mayer, Dyk, Moore, O’Malley, …
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.,[1] which will change the landscape for patent damages because foreign lost profits can now be assessed in patent infringement judgments. The facts are as follows. WesternGeco owns four patents directed to systems for ocean …
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 syndrome (LGS) is specific type of epilepsy characterized by multiple seizures and affects intellectual development in children. Dravet syndrome is a severe form of epilepsy, a …
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 federal courts, Helsinn Healthcare S.A. v. Teva Pharmaceuticals USA, Inc.,[1] the Court of Appeals for the Federal Circuit ruled against Helsinn in …
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 cannabinoids. The specification describes an oral composition including from the cannabis plant material and an additive solution. The cannabis plant material can include any strain from …
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. v. West-Ward Pharmaceuticals Int’l Ltd.[1] and Berkheimer v. HP Inc.[2] The Berkheimer memo issued on April 19, 2018, and the Vanda memo issued on June 7, 2018. …
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.,[1] and Aatrix Software, Inc. v. Green Shades Software, Inc.,[2] were decided by a smaller Fed Circuit panels earlier in the year. Both per curiam orders were heard before …
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), in PNC Bank Nat’l Ass’n v. Secure Axcess, LLC.[1] The Supreme Court, in its orders, wrote: The petition for writ of certiorari …
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.[1] The patent at-issue, U.S. Patent No. 6,349,291 (‘291) was directed to systems and methods for performing statistical analyses of investment information. In other words, the ‘291 patent claimed subject matter that was merely an innovative …