Fed Circuit Watch: Patent Prosecution 101 – Don’t Mess with Your Priority!
A recent case decided by the Court of Appeals for the Federal Circuit, Natural Alternatives Int’l, Inc. v. Iancu, on October 1, 2018, highlights one of the pitfalls of patent prosecution that is...
TechPat: U.S. Patent No. D814,846 S1: Thanksgiving Edition
U.S. Patent No. D814,846 S1 (‘846) issued on April 10, 2018, for “Rotisserie Turkey Deep Fryer.” It was issued to inventors James A. Hedrington of Chippewa Falls, Wisconsin and Michael R. Berge of...
CannabIP: U.S. Patent No. 9,974,821 B2
U.S. Patent No. 9,974,821 B2 (‘821) issued on May 22, 2018, for “Method of juicing cannabis plant matter.” It was issued to applicant/inventor Matthew Kennedy, of Westminster, California, although...
Rule Change for PTAB Post-Grant Claim Construction
On October 11, 2018, the USPTO published in the Federal Register a rule change, 83 F.R. 51340, to take effect today, November 13, 2018. For all AIA post-grant petitions (IPRs, PGRs, and CBMs) filed...
Fed Circuit Watch: PTAB Messed Up Obviousness Analysis (Again)
The Patent Trial and Appeal Board (PTAB) seems to have bungled an obviousness analysis (again), and was dinged by the Court of Appeals for the Federal Circuit in E.I. DuPont de Nemours v. Synvina...
Glyphosate Plaintiff Accepts Reduced Punitive Damages Award
On October 26, 2018, the dying plaintiff in the first-of-its-kind case involving Monsanto Co.’s glyphosate product, ROUNDUP®, has accepted a judge’s punitive damages award reduction prior to the...
CannabIP: DEA Schedules CBD – but with Big Caveat
On September 27, 2018, the Drug Enforcement Agency (DEA) scheduled EPIDIOLEX® as a Schedule V regulated drug under the Controlled Substance Act (CSA). In doing so, the DEA has expressly scheduled a...
SCOTUS Watch: Is the U.S. Government a Person?
An interesting question has been presented to the U.S. Supreme Court when it granted a writ of certiorari on October 26, 2018. That is, is the United States Government, through one of its agencies,...
TechPat: U.S. Patent No. 9,406,092 B2 – Halloween Edition
Since today is Halloween, this blog will commemorate the occasion with a creepy patent. U.S. Patent No. 9,406,092 B2 (‘092) issued on August 2, 2016, for “Targeting items to a user of a social...
Monsanto Motion for New Trial Conditionally Denied and JNOV Denied
As a follow-up to our previous posting on the blockbuster glyphosate trial in which a plaintiff suffering from non-Hodgkin’s Lymphoma was awarded $289 million by a San Francisco jury, the judge, on...
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