There have been several patent-eligibility rulings by the Court of Appeals for the Federal Circuit this year, but on August 16, 2019, the Fed Circuit held that claim construction in-dispute must be resolved before patent-eligibility under 35 U.S.C. §101 can be analyzed, in MyMail, Ltd. v. ooVoo, LLC.[1] The somewhat circuitous procedural aspects of this …
Category: patent
CannabIP: U.S. Patent No. 10,258,601 B1
U.S. Patent No. 10,258,601 B1 (‘601) issued on April 16, 2019, for “Vaporizable Cannabinoid Compositions.” It was issued to applicant/inventor Stephen C. Perry, of Norwood, Massachusetts. The specification discloses the composition of the vaporizable cannabis solution disclosed as comprising various Markush groups, including different formulations of the Cannabis plant, cannabinoids, bioactive ingredients, cannabinomimetics, and fatty …
Fed Circuit Watch: Valuable Contribution Is Not Necessarily Patent-Eligible
In a strange ruling by the Court of Appeals for the Federal Circuit, on July 29, 2019, although publicly released on August 9, 2019, in Genetic Veterinary Scis., Inc. v. Laboklin GmbH & Co KG,[1] the Fed Circuit found that in spite of the claimed invention’s “valuable contribution” to the veterinary sciences, it remained outside …
CannabIP: U.S. Patent No. PP30,668 P3
U.S. Patent No. PP30,668 P3 (‘668) issued on July 9, 2019, for “Cannabis Plant Named ‘DD-CT-BR5’.” It was issued to inventor David Holmes of San Gabriel, California. The applicant/assignee is Cannagen, LLC, of San Gabriel, California. This patent is a plant patent under 35 U.S.C. §161, which protects new and distinct cultivars of plants. According …
Fed Circuit Watch: IPRs Not Unconstitutional Taking Under Fifth Amendment
Many cases have been heard before the Court of Appeals for the Federal Circuit dealing with substantive patent issues, like questions involving anticipation under 35 U.S.C. §102, obviousness under 35 U.S.C §103, or patent-eligible subject matter under 35 U.S.C. §101. Constitutional issues have been rare, with the exception of Oil States which questioned the constitutionality …
TechPat: Former Uber Self-Driving Leader Indicted for Trade Secrets Theft
The United States Attorney’s office in San Jose, California, recently indicted Uber Technologies, Inc.’s former autonomous driving car guru, Anthony Levandowski, with thirty-three counts of trade secrets theft in violation of 18 U.S.C. §§1832(a)-(d). The indictment was only released on August 27, 2019, after being unsealed by the federal district court judge presiding over the …
Constitution Day
Today is Constitution Day. On this day, September 17, 1787, the U.S. Constitution was signed thirty-nine Founding Fathers, ushering the birth of the United States. Several clauses in the Constitution have direct import to intellectual property. Article I, Section 8, Clause 8 is the Patent and Copyright Clause, which is the basis of U.S. patent …
TechPat: U.S. Patent No. 10,360,269 B2
The Oracle OpenWorld 2019 conference will be held in San Francisco from September 16-19, 2019. To commemorate Oracle OpenWorld, the blog will highlight a recently-issued Oracle, Inc. patent. U.S. Patent No. 10,360,269 B2 (‘269), issued on July 23, 2019, for “Proxy databases.” The inventor is Thomas Baby of Auburn, Washington. The applicant and assignee is …
TechPat: Gilead Petitions for IPR on Truvada Patents
On August 23, 2019, Gilead Sciences, Inc. petitioned the PTAB for inter partes review of three patents behind its blockbuster TRUVADA® HIV-prevention drug. The patents, U.S. Patent No. 9,044,509 (‘509), 9,579,333 (‘333), and 9,937,191 (‘191) were all filed by the U.S. Department of Health and Human Services, and the federal agency is still listed as …
CannabIP: U.S. Patent No. 10,245,237 B2
U.S. Patent No. 10,245,237 B2 (‘237) issued on April 2, 2019, for “Compressed Tablet Containing Cannabidiol, Method for its Manufacture and Use of Such Tablet in Oral Treatment of Psychosis or Anxiety Disorders.” It was issued to inventors Jan Albert de Vries, of Zelhem, Netherlands, Maria Vanesa Fernandez Cid, of Haarlem, Netherlands, Ana Maria Hervedia …