Archive for the ‘Uncategorized’ Category

Chisum Patent Academy Close To Full

Monday, January 5th, 2015

The Chisum Patent Academy has three seats remaining in its March 5-6, 2015 Advanced Patent Law Seminar in Cincinnati, Ohio. The two-day roundtable seminar is limited to a total of ten participants to maximize opportunities for interactive discussion and debate.  All sessions are led by treatise authors and educators Donald Chisum and Janice Mueller. Coverage focuses on recent significant patent decisions of the Federal Circuit and U.S. Supreme Court. Topics currently planned for discussion include:

  • The Supreme Court’s Alice Corp. decision on patent-eligible subject matter and Federal Circuit decisions applying Alice Corp.;
  • The Supreme Court’s grant of certiorari in Commil USA concerning the intent requirement for inducing infringement;
  • The Supreme Court’s grant of certiorari in Kimble v. Marvel to review the propriety of post-patent expiration royalties;
  • The Supreme Court’s pending decision in Teva v. Sandoz on standard of review for patent claim construction;
  • The Federal Circuit’s grant of en banc review in SCA Hygiene to determine whether the Supreme Court’s Petrella decision changed the law of laches as a defense to patent infringement;
  • “Patent Practice Gone Wrong”:  Lessons from Patent Malpractice, Exceptional Case and Rule 11 Sanctions, and Inequitable Conduct Cases;
  • Patent Claim Construction and Definiteness in the Wake of Nautilus (and Anticipating Teva); and
  • Inter Partes Review: Two-Year Snapshot and Lessons from Case Studies.

No advance preparation is expected or required. The Supreme Court of Ohio Commission on Continuing Legal Education has approved the seminar for 12.0 hours CLE instruction.

For additional details on the venue, topics, and registration form, click here or e-mail info@chisum.com

 

PTO s. 101 Forum – Thumbs Down on Practitioners

Monday, May 12th, 2014

The USPTO held a four hour public forum on the new, disruptive s. 101 examination guidelines on Friday afternoon. The forum featured ten speakers from the patent bar, including Hans Sauer of BIO, Leslie Fishcher from Novartis, Barbara Fiacco (for the AIPLA), Greg Cox (speaking for the ABA IPL Section) and your truly (speaking out for justice, of course – my slides are attached). There were also three break periods where the studio audience or webinar participants asked questions.

There were brief opening remarks by Deputy Director, Michelle Lee, but the Forum was presided over by Drew Hirshfeld, who is Deputy Commissioner for Patent Examination Policy (He has Steve Kunin’s old job) and who signed off on the Guidelines. Jerry Lorengo, the relatively new Director of 1600 was present, but did not have a big role in the proceedings. Mr. Hirshfeld’s Legal Advisor, Raul Tamayo, made the PTO’s position on compound and composition claims clear: “The Supreme Court has never held that a claim reciting a natural product eligible unless it was structurally different from what occurs in nature.” The PTO clearly intends to fill that gap in jurisprudence, and has taken the position that a functional difference cannot per se meet the requirement for a structural difference.

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USPTO Patent Eligibility Guidelines – A Step Too Far For Natural Products?

Friday, March 7th, 2014

Guest Post from Paul Cole, Lucas & Co., UK

New Prometheus/Myriad guidance appeared on the USPTO website on 4March under the weighty title 2014 Procedure For Subject Matter Eligibility Analysis Of Claims Reciting Or Involving Laws Of Nature/Natural Principles, Natural Phenomena, And/Or Natural Products. A profound, and it is submitted unjustified, change is introduced in Example B of that guidance which concerns chemical substances purified from nature.

In 1900 Dr Jokichi Takamine succeeded in isolating and purifying adrenalin in fine crystalline form from the adrenal glands of sheep and oxen, for which he was granted US Patent 730176 in June 1903. The new product was said to be storage stable when dry and when injected into an animal to bring about a rise in blood pressure. A number of product claims were granted of which the following is representative:

“A substance possessing the herein described physiological characteristics and reactions of the suprarenal glands, having approximately the formula C10H15NO3 and having an alkaline reaction.”

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Bosch, Ultramercial, Commil, Fresenius: All-Star Break

Tuesday, July 23rd, 2013

A guest post from Ron Schutz of Robins, Kaplan, Miller & Ciresi

The Federal Circuit goes into the symbolic half-way point of summer leading the league with a series of homerun opinions. To keep the games back gap on updates from widening, consider the following take on a Midsummer Classic.

Bosch v. Pylon In Bosch, the Federal Circuit considered en banc two questions regarding the extent of its appellate jurisdiction under 28 U.S.C. § 1292(c)(2). That statute authorizes an interlocutory appeal from a judgment in a patent infringement judgment action that is “final except for an accounting.” Sua sponte, the court asked whether § 1292(c)(2) confers jurisdiction for an appeal of patent infringement liability before a trial on damages has occurred and whether that jurisdiction exists when willfulness issues remain undecided.

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