The third treatment method case in the last year that was challenged as patent-ineligible subject matter under 35 U.S.C. §101 has been found eligible by the Court of Appeals for the Federal Circuit, in a recent case, Endo Pharms. Inc. v. Teva Pharms. USA, Inc.,[1] decided March 28, 2019. Endo owns U.S. Patent No. 8,808,737 …
Fed Circuit Watch: Cat’s Out of the Bag: Continuous Reduction to Practice is Reasonable Diligence
Arctic Cat Inc. has been involved in a few patent-related cases in recent years, including one case from 2018 which we discussed on this blog dealing with the law of obviousness’s motivation to combine analysis under 35 U.S.C. §103. Its most recent foray into the Court of Appeals for the Federal Circuit resulted in its …
CannabIP: U.S. Patent No. 10,206,963 B2
U.S. Patent No. 10,206,963 B2 (‘963) issued on January 15, 2019, for “Topical Medicinal Gel.” It was issued to applicants/inventors Joan McMahon of Midland, Michigan and Stephanie House of Merrill, Michigan. The ‘963 patent discloses a process for a topical composition containing cannabis. The novel aspect is rather than containing a greasy emollient like olive …
TechPat: U.S. Patent No. D842,331 S1
U.S. Patent No. D842,331 S (‘331) issued on March 5, 2019, for “Display Screen or Portion Thereof with Animated Graphical User Interface.” It was issued to inventors Jisi Guo, Eli Guerron, Craig Dehner, Frank Yoo, Karina van Schaardenburg, and Hernrique Penha, all of San Francisco, California. The applicant/assignee is Lyft, Inc. of San Francisco, California, …
PlantIP: U.S. Patent No. PP30,260 P3
U.S. Patent No. PP30,260 P3 (‘260) issued on March 5, 2019, for “Apple Tree Named ‘Xeleven’.” It was issued to inventor Jean-Luc Carrieres of Bolazano, Italy. The applicant/assignee is Red Moon of Bolzano, Italy. This patent is a plant patent under 35 U.S.C. §161, which protects new and distinct cultivars of plants. According to the …
TechPat: U.S. Patent No. 10,190,137 B2
An earlier posting on this blog discussed the recent issuance of a U.C.-researched CRISPR patent. Today’s posting discusses a competing team’s recent issuance of another CRISPR patent. U.S. Patent No. 10,190,137 B2 (‘137) issued on January 29, 2019, for “CRISPR-Related Methods and Compositions with Governing gRNAs.” It was issued to inventors Feng Zhang of Cambridge, …
TechPat: U.S. Patent No. D841,260 S
U.S. Patent No. D841,260 S1 (‘260) issued on February 19, 2019, for “Cotton Seed Feeder.” It was issued to inventor/applicant Percy English of El Campo, Texas. 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 entire design of the feeder …
CannabIP: District Court Finds §101 Patent-Eligibility in First Cannabis Patent Litigation
On April 17, 2019, Judge William J. Martinez denied an early motion for partial summary judgment for invalidity based patent-ineligible subject matter under 35 U.S.C. §101, in the first federal patent infringement case testing the patent claims of cannabinoid formulations. Judge Martinez, sitting in the District of Colorado, found the patent-at-issue, U.S. Patent No. 9,730,911 …
Fed Circuit Watch: Network Intrusion Claims Found Patent-Eligible
On March 20, 2019, the Court of Appeals for the Federal Circuit ruled in SRI Int’l, Inc. v. Cisco Sys., Inc.,[1] in which claims directed to network intrusion were found patent-eligible under 35 U.S.C. §101. While the ruling is a welcome sign of patent-eligibility, the ruling itself is convoluted in its rationale and difficult to …
CannabIP: U.S. Patent No. 10,172,786 B2
U.S. Patent No. 10,172,786 B2 (‘786) issued on January 8, 2019, for “Oral Care Composition Comprising Cannabinoids.” It was issued to applicant Axim Biotechnologies, Inc., of New York, New York. The inventors are George Anastassov of New York, New York, and Lekram Changoer of Ridderkerk, Netherlands. Axim is a cannabinoid pharmaceutical research company, known for …