This column highlights some of the more notable recent online notices, newsletters, and blogs dealing with IP prosecution issues.
IPWatchdog – a patents and patent law blog – IPwatchdog.com
* On July 13, 2018, Robert Schaffer and Joseph Robinson explained the holding in Impax Labs., Inc. v. Lannett Holdings Inc., No. 2017-2020, 2018 U.S. App. LEXIS `7809 (Fed. Cir., June 28, 2018) (http://www.cafc.uscourts.gov/sites/default/files/opinions-orders/17-2020.Opinion.6-28-2018.pdf) that patents for manufacturing migraine drug zolmitriptan (zolmig) into a nasal spray would not be obvious. The Federal Circuit agreed with the district court that the prior art taught away from formulating this medication for nasal administration. (http://www.ipwatchdog.com/2018/07/13/nasal-spray-patents-covering-migraine-drug-zomig-not-obvious/id=99307/).
Patently-O – a blog written by Dennis Crouch – www.patentlyo.com
* In a July 16, 2018 post, Professor Dennis Crouch discussed another one of several opinions on what constitutes a “printed publication: as prior art. In Jazz Pharms., Inc. v. Amneal Pharms., Inc., 2017-1671, 2018 U.S. App. LEXIS 19268 (Fed. Cir., July 13, 2018) (http://www.cafc.uscourts.gov/sites/default/files/opinions-orders/17-1671.Opinion.7-13-2018.pdf ), the prior publication was contained in the Federal Register. The Federal Circuit did not categorically anoint all Federal Register publications as “printed publications” for prior art purposes. (https://patentlyo.com/patent/2018/07/jazz-pharms-federal-register-public-notice-and-printed-publications.html)
Patent Docs – A patent blog – patentdocs.typepad.com
* In a July 9, 2018 post, Donald Zuhn discussed the USPTO’s July 7, 2018 Memorandum on Subject Matter Eligibility (http://patentdocs.typepad.com/files/memorandum-1.pdf ) related to the decision Vanda Pharmaceuticals Inc. v. West-Ward Pharmaceuticals, 887 F.3d 1117 (Fed. Cir., Apr. 13, 2018) (http://www.cafc.uscourts.gov/sites/default/files/16-2707.Opinion.4-12-2018.1_0.pdf ) (http://www.patentdocs.org/2018/07/uspto-issues-memorandum-on-vanda-pharmaceuticals-v-west-ward-pharmaceuticals.html)
OC Patent Lawyer – James Yang publishes a patent blog for innovators and businesses in Orange County, California – (http://ocpatentlawyer.com/).
* In a July 1, 2018 post, James Yang described in detail the opinion in Berkheimer v. HP Inc., No. 2017-1437, 881 F.3d 1360 (Fed. Cir., Feb. 8, 2018) (http://www.cafc.uscourts.gov/sites/default/files/opinions-orders/17-1437.Opinion.2-6-2018.1.PDF) for the proposition patent eligibility analysis may include questions of fact. James Yang believes that this will be favorable for patenting software inventions. (https://ocpatentlawyer.com/berkheimer-ramifications-software-patents/).
* In a July 16, 2018 post, James Yang discussed the issue of experimental use as a patentability bar in light of the opinion in Polara Engineering Inc. v. Campbell Co., No. 2017-1974, (Fed. Cir., Jul. 10, 2018) (http://www.cafc.uscourts.gov/sites/default/files/opinions-orders/17-1974.Opinion.7-10-2018.pdf). The Federal Circuit found that the inventor’s use in public qualified as experimentation, not a “public use.” Under current law, a public test of an invention does not start the one-year deadline for filing a patent application. (https://ocpatentlawyer.com/experimental-use-jeopardizes-validity-patent/).
AIPLA – the profession’s national organization – see AIPLA.org
* AIPLA will hold its 2018 Annual Meeting October 25-27, 2018 in Washington, D.C. More information on this meeting and other events is available at https://www.aipla.org/learningcenter/Pages/Upcoming-Meetings.aspx.
For more information about any of the patent topics mentioned consult Patent Application Practice. Trademark topics are discussed in Trademark Registration Practice. Both are published by West and updated twice a year. For patent prosecution or litigation questions, contact Fred Douglas at 949/293-0442 or by email at firstname.lastname@example.org.
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