Chisum Patent Academy

The Federal Circuit and Supreme Court Have Already Issued 100 Precedential Patent Opinions in 2017! Are You Up to Speed?

Stay on top of the latest critical developments by joining us this spring in Houston or Cincinnati. The Chisum Patent Academy is accepting registrations for its Small Group Patent Law Seminars to be held in two locations in March 2018: in Houston, Texas at the offices of Bracewell LLP on March 5-6, 2018; and in Cincinnati, Ohio at the Renaissance Cincinnati Downtown Hotel on March 8-9, 2018. Each two-day seminar will cover the same content; 12.0 CLE credits will be applied for. Chisum Patent Academy seminars are held in a unique roundtable format to maximize interactive discussion, debate, and sharing of best practices. Unlike other CLE programs, each Chisum Patent Academy seminar is limited to ten (10) participants.

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Mallinckrodt v. Praxair – Innomax Method Patent Fails Alice/Mayo Test

On Tuesday, a Delaware district court judge ruled that a group of Mallinckrodt patents failed the Alice/(mostly)Mayo test as claiming a natural phenomenon. The patents are directed to a method of safely using the Innomax system, which administers nitric oxide to infants exhibiting hypoxic respiratory failure associated with pulmonary hypertension. (See, e.g., U.S. Patent No. 8282966.) Continue reading

Posted in Alice, Federal Court, Uncategorized | 1 Comment

Should the Australian Patent Office be denying patent eligibility to cDNA inventions?

This is a guest post from Grant Shoebridge of Shelston IP.

In this, the first of a trilogy of articles investigating specific areas of Australian Patent Office examination practice, I consider how the High Court’s decision in D’Arcy v Myriad Genetics Inc [2015] HCA 35 (7 October 2015) (the Myriad decision) has been interpreted to render all non-naturally-occurring cDNA compositions patent ineligible. I also question the legitimacy of this current Patent Office practice in view of patent eligibility standards applied to other gene-based inventions. Continue reading

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New Webinar Series: Practical IP for Natural Sciences

Natural Sciences WebinarPlease join us in a new webinar series directed to the practical strategies in a new era of patent law to protect IP in chemistry, pharmaceuticals, biotechnology and genetic medicine.

The collision of new technologies and patent statutes of a by-gone era have led the Courts of the United States into new and uncharted territories. The Courts are wrestling to apply 1952 statutes to advances in computers, software, biotechnology and genetic medicine, and the fall-out has spread across all technologies. “New” judge-made law has been spawned from “old” established principles. Chemical patent law is no longer cut and dried. Biology has morphed into biotechnology with exciting medical/genetic advances that are denied patent protection by recent judge-made law. Even claims to polymer technology are not immune from the judges’ arm wrestling opinions.

In this complimentary webinar series, the Schwegman chem and bio legal team will provide practical tips to companies and universities looking for an understanding of this legal maze. We will explore and discuss current views of the law as applied to real situations, point out claim language that was acceptable in the past but now is not, and will suggest possible workarounds. We will apply the “new rules” to prosecution, opinion practice and defending and asserting patents in IPR. Each of the webinars are 30 minutes in length followed by a collaborative Q&A session with the presenter(s).

For the first webinar in this series, Drs. Robin Chadwick and Ricardo Moran will present on “Post Myriad: 5 Patent Prosecution Tips.” In this presentation, Robin and Ricardo will analyze how the Courts and the Patent Office have come down hard on claims directed to natural products and diagnostic methods and provide suggestions on how to optimize your chances of obtaining commercially valuable and defensible patent claims.

This live event will begin on August 24th at 1:00pm CT. To register, click HERE.

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