Posts Tagged ‘ip’

Takeaways From Chisum Patent Academy March 2016 Seminar

Thursday, March 17th, 2016

Takeaways from Our March 2016 Cincinnati Seminar

By Donald S. Chisum and Janice M. Mueller

Copyright 2016 Chisum Patent Academy, Inc.

On Marcchisum march 2016h 10-11, 2016 the Chisum Patent Academy held a small-group seminar at the 21C Museum Hotel in Cincinnati, Ohio to discuss and debate current developments in U.S. patent law. Our theme was “Obviousness in the Time of IPR.” The roundtable seminar group was limited to ten persons; treatise authors and educators Donald Chisum and Janice Mueller led each of four discussion sessions. Our Cincinnati participants were experienced patent litigators and prosecutors from law firms and corporations in Cincinnati, Cleveland, Minneapolis, New York City, and Pittsburgh.

Here’s a recap of our takeaways from the Cincinnati seminar:

TakeAways CIN 2016 Seminar 031716

Ohio Willow Wood’s Appeal of IC Finding Goes Up In Smoke

Tuesday, February 23rd, 2016

iStock_000062460636_SmallOn February 19th, the Fed. Cir. affirmed a District Court’s finding of inequitable conduct in Ohio Willow Wood Co. (OWW) v. Alps South (Alps), LLC, following the Fed. Cir.’s remand of summary judgment of no inequitable conduct in 2013. (Ohio Willow Wood Cr. v. Alps South LLC, 2015 U.S. App LEXIS 2864 (Fed. Cir. 2016).) (A copy is available at the end of this post.)

The facts of the case are complex, and involve two reexaminations of U.S. Pat. No. 5,830,237, claiming a cushioning device for amputees, “SSGL.”

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Therasense Puts A World Of (Antitrust) Hurt On 3M

Wednesday, February 17th, 2016

iStock_000000232341_SmallCommentators who have declared inequitable conduct dead and buried should study TransWeb, LLC v. 3M Innovative Properties Co., App. No. 2014-1646 (Fed. Cir., Feb. 10 2016). {A copy can be found at the end of this post.] The decision demonstrates how the “but-for materiality” and specific intent standards of the Therasense decision can open the door to Walker Process liability for antitrust violations and the award of trebled fees and damages.

In this case, 3M had sued TransWeb for patent infringement of several patents on non-woven, fluorinated fabrics used in respirator masks. The patents were invalidated due to 3M’s failure to disclose that it had obtained samples of the fabric from TransWeb, that had given away samples at a trade show more than a year prior to the effective filing date of the patents. There is a thorough analysis of the facts surrounding 3M’s obtention of the samples, but the Fed. Cir. found that the weight of the evidence corroborated the testimony of the TransWeb founder, that he had given out samples of the claimed product. This was enough to invalidate the 3M patents under the public use bar.

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Obama Launches Cancer Moonshot Task Force – But Where’s The Patent Power?

Monday, February 8th, 2016

iStock_000035457638_SmallOn January 28, 2016, the White House issued a Memorandum establishing the Moonshot Task Force “to double the rate of progress in the fight against cancer – and put ourselves on a path to achieve in just 5 years research and treatment gains that otherwise might take a decade or more.” (A copy can be found at the end of this post.) The Task force, chaired by the VP, is to focus on “making the most of Federal Investments, targeted incentives, private sector efforts from industry and philanthropy, patient engagement initiatives, and other mechanisms to support cancer research and enable progress in treatment and care.” No mention of the importance of patent protection so far.

The membership will consist of the heads of 13 executive branch departments, agencies, and offices, including NIH, DOE, FDA, and NSF, among other. The head of the Department of Commerce is included, but the USPTO is not mentioned once.  However, I have been informed by the PTO Press Secretary that the USPTO, including Director Lee and Chief of Staff Aiyer attended the February 4th Task Force Meeting. The Task Force is to provide a report before the end of the year that includes seven recommendations, including to “identify and address any unnecessary regulatory barriers and consider ways to expedite administrative reforms.”

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