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HTMLCanadian Patent Appeal Board Upholds Claims to Non-exemplified Humanized Antibodies
Graeme Boocock; Borden Ladner Gervais LLP;
Legal Alert/Article
August 23, 2016, previously published on August 9, 2016
In a rare and long-awaited piece of good news for antibody patent applications in Canada, the Patent Appeal Board ("the Board") recently allowed claims to non-exemplified humanized antibodies, even in the absence of sequence information for the relevant complementarity determining regions...

 

HTMLPatent Held Invalid for Ambiguity and Obviousness
Adrian J. Howard, Beverley Moore, Chantal Saunders; Borden Ladner Gervais LLP;
Legal Alert/Article
August 23, 2016, previously published on August 10, 2016
Pollard challenged the validity of Scientific Games' (the successor to BABN) patent. Scientific Games counterclaimed with allegations of infringement. The Court held that the patent was invalid, and in any event, not infringed.

 

HTMLBifurcation of Infringement and Validity Issues in Section 8 Action
Adrian J. Howard, Beverley Moore, Chantal Saunders; Borden Ladner Gervais LLP;
Legal Alert/Article
August 23, 2016, previously published on August 10, 2016
This is a motion for bifurcation in an action brought pursuant to section 8 of the Patented Medicines (Notice of Compliance) Regulations ("Regulations"). Alcon was unsuccessful in proceedings brought pursuant to the Regulations relating to the '287 Patent and the '370 Patent. After Apotex...

 

Adobe PDFPatent Applicants: Want to Avoid Broadest Reasonable Interpretation in Inter Partes Review? That’s Right - Use Means Clauses
Charles W. Shifley; Banner & Witcoff, Ltd.;
Legal Alert/Article
August 17, 2016, previously published on August 3, 2016
Everyone speaking for patent owners and applicants is crying out over broadest reasonable interpretation (BRI) in inter partes reviews (IPR) of patents. Trying as amicus to fend off the Cuozzo decision from the Supreme Court, the Licensing Executive Society (LES) likened the death of patents to BRI...

 

Adobe PDFAbstract Ideas: A Common-Sense Distinction Electric Power Group v. Alstom
Joshua L. Davenport, Aseet Patel; Banner & Witcoff, Ltd.;
Legal Alert/Article
August 17, 2016, previously published on August 5, 2016
While the number of decisions holding claims to be patent eligible under the two-part Alice test have been few and far between, sometimes even seemingly unfavorable decisions provide valuable insight into courts’ application of the test.i In Electric Power Group, LLC v. Alstom S.A., the Court...

 

HTMLAbstract Ideas: A Common-Sense Distinction in Electric Power Group v. Alstom
Joshua L. Davenport, Aseet Patel; Banner & Witcoff, Ltd.;
Legal Alert/Article
August 16, 2016, previously published on August 5, 2016
While the number of decisions holding claims to be patent eligible under the two-part Alice test has been few and far between, sometimes even seemingly unfavorable decisions provide valuable insight into courts’ application of the test.1 In Electric Power Group, LLC v. Alstom S.A., the Court...

 

HTMLFed Circuit’s “Amgen v. Apotex” Decision: Clarification of a BPCIA Riddle (Unless, of course, the Supreme Court Steps In)
Thomas H. Wintner; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
August 15, 2016, previously published on July 5, 2016
On July 5, the Federal Circuit issued another important decision regarding the meaning of certain provisions of the Biologics Price Competition and Innovation Act (BPCIA). See Amgen Inc. v. Apotex Inc., Fed. Cir. Case No. 2016-1308.

 

HTMLUSPTO Fast-Tracks Cancer Immunotherapy Patent Applications
Terri Meiee Shieh-Newton; Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
Legal Alert/Article
August 15, 2016, previously published on July 8, 2016
Effective June 29, 2016, the United States Patent and Trademark Office (USPTO) implemented a pilot program to provide for earlier review of patent applications pertaining to cancer immunotherapy. The Cancer Immunotherapy Pilot Program was established in support of the White House national $1...

 

HTMLWhat Type of Sale Constitutes an On-Sale Bar?
Brad Michael Scheller, Monique Louise Winters; Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
Legal Alert/Article
August 15, 2016, previously published on July 13, 2016
An invention cannot be patented if it was ready for patenting and was subject to a commercial offer for sale more than one year before the application was filed. This so-called “on-sale bar” can also be used to invalidate a patent. On July 11, 2016, the Federal Circuit in The Medicines...

 

HTMLNinth Circuit Provides Clarification Concerning the Definition of Trade Secret
Nicholas W. Armington, Bret A. Cohen, Michael T. Renaud; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
August 15, 2016, previously published on August 1, 2016
On July 5, 2016, in United States v. Nosal, the Ninth Circuit Court of Appeals clarified the definition of “trade secret,” finding that data derived from a compilation of publicly available information can constitute a protectable trade secret in a case involving allegations under the...

 


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