The Internet of Medical Things (IoMT) in the World of Medical Devices

November 20, 2018

The Internet of Medical Things (IoMT) is a hot topic in the world of medical devices. This summer, at the MedTech conference in Philadelphia, IoMT was the word on everyone's lips. No wonder, as a recent report by Allied Market Research predicts that IoMT will be a $136.8 billion market by 2021.... Read more

Assignor Estoppel and IPR's: Possible Impact of Arista v. Cisco on Employment Agreements and Assignment Agreements

November 16, 2018

In a November 9, 2018 decision (copy of decision linked below), the U.S. Court of Appeals for the Federal Circuit ruled that the doctrine of assignor estoppel does not apply in the inter partes review (IPR) context (see Arista Networks, Inc. v. Cisco Systems, Inc., (Fed. Cir. 2018)).... Read more

USPTO Releases Interim Procedure for Requesting Recalculation of Patent Term Adjustment Related to the IDS Safe Harbor

November 9, 2018

On Friday, November 2, 2018, the USPTO released its interim procedure for patentees to request recalculation of the patent term adjustment with respect to information disclosure statements accompanied by a proper safe harbor statement under 37 CFR. 1.704(d) (83 Fed. Reg. 55102 (Nov. 2, 2018); see text at: https://www.gpo.gov/fdsys/pkg/FR-2018-11-02/pdf/2018-24004.pdf).  The interim procedure is effective from the date of the notice until the USPTO can update the patent term adjustment computer program and provide notice to the public that the program is updated.<... Read more

PTAB Confirms It Will Apply Broad Petitioner Estoppel Post-SAS

November 8, 2018

The IPR estoppel provision was originally intended as a check against patent challengers attacking patents serially in the USPTO or other forums based on grounds that were raised or "reasonably could have been raised" in the original IPR. Although the Federal Circuit has interpreted estoppel narrowly, district courts were split, and estoppel's impact has remained in flux for several years.... Read more

IP Strategies for Medical Device Technologies: Be Your Own Incubator

October 26, 2018

James Love co-edited a medical device book titled "IP Strategies for Medical Device Technologies: Be Your Own Incubator".... Read more

WRITTEN DESCRIPTION: Picking and Choosing and Blaze Marks

October 25, 2018

In a non-precedential decision issued by the U.S. Court of Appeals for the Federal Circuit (FWP IP APS v. Biogen MA, Inc., October 24, 2018, http://www.cafc.uscourts.gov/sites/default/files/opinions-orders/17-2109.Opinion.10-24-2018.pdf), the Court was tasked with reviewing a PTAB decision of an interference between the named parties.<... Read more

Teva Challenges the FDA Over its First-Applicant Interpretation

October 22, 2018

Teva Pharmaceutical USA, Inc. filed a Complaint and Motion for Preliminary Injunction in the U.S. District Court for the District of Columbia, alleging that the FDA's recent interpretation of the definition of "first applicant" is unlawful.... Read more

Will Rite-Hite Be Next?

October 12, 2018

In Rite-Hite v. Kelley Co., 56 F.3d 1538 (Fed. Cir. 1995) the Federal Circuit refused to award damages for the goods which were regularly sold as part of a package including patented goods.... Read more

Sufficiency of Invalidity Evidence in IPRs Can Differ for Method and Apparatus Claims

October 5, 2018

Using the same invalidity evidence to address apparatus and corresponding method claims in inter partes review ("IPR") petitions can present difficulties depending on the claim language used in the apparatus claims.... Read more

Two Herceptin® Patents Survive IPR: A Lesson in Separately Arguing Motivation to Combine and Reasonable Expectation of Success

October 4, 2018

Motivation to combine and reasonable expectation of success are separate requirements that must be independently considered. By capitalizing on shortcomings in the petitions related to separately arguing these issues, Genentech was able to save two of three patents covering its blockbuster drug Herceptin®.... Read more