On December 21, 2020, the U.S. Patent and Trademark Office amended practice rule 37 C.F.R. §1.27, to expand the government use license exception. First, a Federal employee-inventor must be granted to the Federal government in the event that employee-inventor retains ownership rights in the invention. Further, and more significantly because it potentially covers more small-to-medium …
Category: patent
U.S. Patent No. 10,752,636 B2
U.S. Patent No. 10,752,636 B2 (‘636) issued on August 25, 2020, entitled ”HIV Inhibitor Compounds.” It was issued to inventors Elizabeth Bacon, Elbert Chin, Jeromy Cottell, Ashley Katana, Darryle Kato, John Link, Nathan Shapiro, Teresa Trejo Martin, and Zheng-Yu Yang. The applicant/assignee is Gilead Sciences, Inc., of Foster City, California. The ‘636 patent is a …
Arguing Takings of IP Rights is, Sadly, a Losing Proposition
The Takings Clause of the Fifth Amendment states that private property “shall not be taken for public use, without just compensation.”[1] Intellectual property rights – patents, trademarks, copyrights, and other IP – have long been considered property rights. This belief, however, has been tested by the Supreme Court’s reluctance to specifically define IP as a …
SCOTUS Grants Certiorari on Appointments Clause Issue
In its orders of October 13, 2020, the U.S. Supreme Court granted petitions for writ of certiorari to three cases involving Arthrex, Inc., dealing with the constitutionality of the PTAB’s judges: United States v. Arthrex, Inc. (Docket No. 19-1434), Smith & Nephew, Inc. v. Arthrex, Inc. (Docket No. 19-1452), and Arthrex, Inc. v. Smith & …
U.S. Patent No. 10,695,361 B2
Given the current coronavirus pandemic, much has been discussed about possible vaccine trials and antiviral treatments to coronavirus. One patent directed to therapeutic use is U.S. Patent No. 10,695,361 B2 (‘361) issued on June 30, 2020, entitled ”Methods for Treating Arenaviridae and Coronaviridae Virus Infections.” It was issued to inventors Michael O’Neil Hanrahan Clarke, Joy …
Method of Preparation Claims Patent-Eligible in Illumina Modified Opinion
On August 3, 2020, the Court of Appeals for the Federal Circuit issued a modified opinion in Illumina, Inc. v. Ariosa Diagnostics, Inc.,[1] reiterating its earlier opinion[2] finding claims directed to method of preparing cell-free fetal DNA in maternal blood as patent-eligible subject matter under 35 U.S.C. §101. This modified opinion reflected Ariosa’s recent petition …
American Axle Denied en banc Review
On July 31, 2020, the Court of Appeals for the Federal Circuit denied American Axle’s petition for en banc review, in American Axle & Manuf., Inc. v. Neapco Holdings LLC,[1] with those judges seeking review not able to muster a majority of the entire panel. This is the second iteration[2] of appellate review for American …
U.S. Patent No. 10,512,629 B1
U.S. Patent No. 10,512,629 B1 (‘629) issued on December 24, 2019, entitled ”Compositions Comprising a Cannabinoid and Spilanthol.” It was issued to inventor Zohar Koren of Gan Ner, Israel. The applicant/assignee is SciCann Therapeutics, Inc., of Toronto, Canada. The specification discloses fixed-dose combination (FDC) therapeutic compound of one cannabinoid and spilanthol for treatment of various …
U.S. Patent No. 10,485,373 B1
U.S. Patent No. 10,485,373 B1 (‘373) issued on November 26, 2019, entitled ”Method for Cannabinoid Delivery Into Beverages.” It was issued to inventors Rory Chesley Patrick Millikin of Kelowna, Canada, and Matthew Kennedy of Westminster, California. The assignee is Drive Foods Corporation of Westminster, California. The specification discloses a new cannabinoid beverage delivery system. According …
U.S. Patent No. 10,485,771 B2
U.S. Patent No. 10,485,771 B2 (‘771) issued on November 26, 2019, entitled ”Methods of Regulating Cannabinoid Receptor Activity-Related Disorders and Diseases.” It was issued to inventors Irving W. Wainer of Washington, DC, Michel Bernier of Pikesville, Maryland, and Rajib K. Paul of Baltimore, Maryland. The applicant/assignee is the U.S. Department of Health & Human Services, …