The Federal Circuit Adds Color to Formulation Claims in Olaplex v. L’Oréal
(as published in the May 2021 issue of the American Chemical Society's Northeast Section publication of The Nucleus)
Articles
A Precautionary Tale: District Courts Take Varying Measures As In-Person Trials Appear on the Horizon
Roughly a year after lockdowns occurred nationwide, its impact on the country’s federal court system is still being felt. While the strain of the pandemic and its attendant restrictions are universall...
Boston Patent Law Association Response to a USPTO Notice of Proposed Rulemaking on Bayh-Dole Regulations
Jonathan Roses was the lead author on behalf of the Boston Patent Law Association’s (BPLA’s) Patent Office Practice and Licensing Committees of an April 2021 Response to a Notice of Proposed Rulemakin...
Finding the ‘Sweet Spot’ of Enablement in Amgen v. Sanofi: The Federal Circuit Provides Guidance on Enabling Antibody Claims
On February 11, 2021 the Federal Circuit upheld a United States District Court for the District of Delaware decision finding that Amgen’s function-only anti-PCSK9 monoclonal antibody claims were noten...
2020 Year in Review: Patent Decisions Impacting the Life Sciences
Authors: Jason Balich, K. Blake Chancellor, Sam Estabrooks, Eric Greenwald, Chelsea Loughran, Gabe McCool, Marie McKiernan, Kevin Mosier, Jonathan Roses, Claire Schuster, Charlie Steenburg, Patrick Wa...
Discretionary Denial at the PTAB Based on Parallel Litigation
Discretionary denial has been a hot topic at the PTAB. On Wednesday, February 24th, Wolf Greenfield hosted a webinar to discuss discretionary denial at the PTAB, and in particular, discretionary denia...
United States Annual Review: The Seventy-Third Year of Administration of the Lanham Act of 1946
John Welch co-authored the January-February 2021 edition of The Trademark Reporter, The Law Journal of The International Trademark Association (INTA). Titled “United States Annual Review: The Seventy-...
Boston Patent Law Association Response to USPTO Request for Comments on the National Strategy for Expanding American Innovation
Jonathan Roses was the lead author on behalf of the Boston Patent Law Association's (BPLA’s) Patent Office Practice and ad hoc Diversity & Inclusion Committees of a February 2021 Response to USPTO...
Expert Declarations in Inter Partes Review Proceedings Must Do More Than Create Noise: PTAB Silences Challenge to Patented Method for Cleaning “Noisy” Genetic Data
Overview On December 11, 2020, the PTAB issued a Final Written Decision in Illumina, Inc. v. Natera, Inc., IPR2019-01201, upholding the validity of Natera Inc.’s patent for determining genetic data fr...
Targeting Indefinite Claims: Horizon Pharma, Inc. v. Dr. Reddy’s Laboratories, Inc.
Summary Agreeing with the district court’s decision to invalidate two drug patents for indefiniteness, the Federal Circuit reasoned that two terms (“target” versus “produce”) used in the alternative i...
Protecting Pharmaceutical Exclusivity: Avoiding the Hidden Dangers of Double Patenting
An article written by Rob Sahr titled “Protecting Pharmaceutical Exclusivity: Avoiding the Hidden Dangers of Double Patenting” was published in Pharmaceutical Commerce. Read more.
Economic Considerations in Granting Injunctive Relief: Federal Circuit Partially Reverses Injunctive Relief in a Case of Willful Infringement
Overview On August 3, 2020, the United States Court of Appeals for the Federal Circuit partially reversed a District Court’s decision for a permanent injunction against 10X Genomics. Bio-Rad Laborator...