Posts Tagged ‘IP law tools’

Patent Law Developments 2015: A Quick Recapitulation

Tuesday, January 5th, 2016

iStock_000075593843_SmallThis is a guest post from Chisum Patent Academy.

Patent Law Developments 2015: A Quick Recapitulation
Donald S. Chisum
Co-Founder, Chisum Patent Academy

In terms of case law, legislation and other developments in patent law, calendar year 2015 had no first order block buster comparable to the Supreme Court’s 2014 Alice decision on patentable subject matter pertaining to computer implemented inventions or Congress’ 2011 enactment of the America Invents Act. Nevertheless, there were important decisions by both the Supreme Court and the Court of Appeals for the Federal Circuit that commanded the attention of every patent professional.

In terms of volume of case precedents by the Supreme Court and the Federal Circuit, 2015 equaled 2014 as the busiest years ever, each year having about 140 precedential decisions. Below [attached] is a quick review of the most significant of those precedents.

PatentLawYearinReview2015_DSChisum_rev4Jan2016 (1)

Top Patent Law Stories In 2015

Wednesday, December 30th, 2015

iStock_000077488719_SmallI will try to keep this post as brief as possible, since I posted at length on all of the stories. There was a lot of IP action in 2015 – much involving the Fed. Cir. and Supreme Court’s resolution of cases in progress in 2014. In no particular order, I pick:

1.  Ariosa v Sequenom. This Fed. Cir. decision that a method for isolating “cffDNA” from maternal blood is no more than a natural phenomenon was a big step backwards for the development of patent law in the area of “precision medicine” and clouds the future patent-eligibility of both natural products and methods of diagnosis and treatment. It is a pick to click with the Supreme Court. (There was also a PTO “July 2015 Update” of the December 2014 s. 101 Guidelines that really did not clarify anything.)

2.  Biosimilars Hit the Shelves. In April, the FDA finalized its biosimilars guidance and Sandoz soon launched the first biosimilar, a generic version of Neuprogen.

3.  Nautilus v Biosig. The Supreme Court redefined the “indefiniteness standard” of s. 112(2) so that a claim term must be reasonably certain to the POSA, not simply amenable to construction. In Dow v. Nova, this new standard compelled invalidation of the claims-in-suit. (more…)

Takeaways from Chisum’s Washington, D.C. September 2015 Seminar

Wednesday, October 14th, 2015

washington-dcOn September 24-25, 2015, the Chisum Patent Academy held a two-day seminar at the offices of Kaye Scholer LLP in Washington, DC to discuss and debate current developments in U.S. patent law. The roundtable seminar group was limited to ten persons; sessions were led by treatise authors and educators Donald Chisum and Janice Mueller.

Our attendees comprised an outstanding group of experienced patent professionals from law firms, corporations, and government agencies in the D.C. area and elsewhere on the East Coast. With many hot-button topics to discuss, our attendees had plenty to discuss and debate! The complexity of the U.S. patent system and its numerous traps for the unwary were recurring themes.

Here’s our recap of the takeaways from the D.C. seminar:

  • Supreme Court and Federal Circuit En Banc Blockbusters; Claim Interpretation Post-Teva; Patent Eligibility and the Ongoing Fallout from Alice; Dealing with System and Method Claims Including Divided Infringement Issues; Exhaustion and Related Uncertainties Spawned by Quanta:

(more…)

Chisum Patent Academy – Seattle 2015 Seminar Takeaways

Wednesday, August 19th, 2015

This is a guest post from Donald Chisum and Janice Mueller.

iStock_000017522821_SmallOn August 12-14, 2015, the Chisum Patent Academy held a three-day seminar at the historic Mayflower Park Hotel in downtown Seattle, Washington to discuss and debate current developments in U.S. patent law. The roundtable seminar group was limited to ten persons; sessions were led by treatise authors and educators Donald Chisum and Janice Mueller.

The recap of takeaways from the seminar can be found here:

Takeaways from Our Seattle 2015 Seminar