Fed Circuit Watch: Indexing Database Lacks Patent-Eligible Subject Matter Under §101
On August 15, 2018, the Court of Appeals for the Federal Circuit issued BSG Tech LLC v. Buyseasons, Inc., which represents one additional case in the §101 jurisprudence. This particular case bears...
Monsanto Hit with $289M Glyphosate Jury Verdict
On August 10, 2018, a California state jury for the first time found Monsanto’s blockbuster herbicide, ROUNDUP®, was the cause of cancer, finding the weed killer caused a plaintiff’s terminal...
IP Practicum: USPTO Proposes Patent Fee Increases for FY2019
On July 25, 2018, the USPTO submitted for publication a Federal Official Gazette notice of public hearing 2018-16432 pursuant to the Patent Public Advisory Committee (PPAC). The notice specifies...
Fed Circuit Watch: American Rule Does Not Require Applicants to Pay USPTO Attorneys’ Fees
“Each litigant pays his own attorney’s fees, win or lose.” As such, the Court of Appeals for the Federal Circuit upheld the American Rule by holding that 35 U.S.C. §145 does not require losing...
Fed Circuit Watch: Result-Oriented Claims Not Patent-Eligible
This case is the latest iteration of a protracted litigation between non-practicing entity Interval Licensing and AOL. In the current case, Interval Licensing LLC v. AOL, Inc., the Court of Appeals...
CannabIP: U.S. Patent No. 9,981,886 B2
U.S. Patent No. 9,981,886 B2 issued on May 29, 2018, for “Fertilizer.” It was issued to applicant Acupac Packaging, Inc., of Mahwah, New Jersey, and inventors Banak Ghalili of New York, New York,...
CannabIP: U.S. Patent No. 9,943,491 B2
U.S. Patent No. 9,943,491 B2 issued on April 17, 2018, for “Compressed tablet containing cannabidiol, method for its manufacture and use of such tablet in oral treatment of psychosis or anxiety...
CannabIP: U.S. Patent No. 9,962,340 B2
U.S. Patent No. 9,962,340 B2 issued on May 8, 2018, for “Device and method for the transdermal delivery of cannabidiol.” It was issued to applicant Medipatch Inc., of San Diego, California, and...
Fed Circuit Watch: No Sovereign Immunity in IPR
Sovereign immunity is the right of the government to not be sued absent waiver or consent. The federal government retains sovereign immunity rights. States, through the Eleventh Amendment, also...
Fed Circuit Watch: PTAB Decisions Questioned in Light of SAS and Aqua Products
On June 19, 2018, the Court of Appeals for the Federal Circuit issued Sirona Dental Systs. GmbH v. Institut Straumann AG. The case is important because two other recent court decisions – SAS and...
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