Being a successful inventor is no easy task. It requires hard work, dedication and the ability to think outside of the box. The most successful inventors have been able to develop habits that enable them to push through any obstacle in their way and come up with creative solutions for even the toughest problems. From […]
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The Supreme Court recently granted Amgen’s petition for certiorari against the advice of the U.S. government, taking up Amgen’s challenge to the Federal Circuit’s enablement review of its PCSK9 antibody patents covering evolocumab (Repatha®). In its petition, Amgen asserts that the Federal Circuit has gone too far in invalidating its PCSK9 antibody patents by imposing
In the summer of 1965, a lawsuit was brought against Walt Disney Productions and the songwriters Richard and Robert Sherman over copyright infringement related to their popular song “Supercalifragilisticexpialidocious”. The individual plaintiffs claimed to be the composers of the allegedly infringed song and plaintiff Life Music, Inc., was the assignee and distributor of plaintiffs’ song.
SoClean Prevails in Preliminary Injunction against Sunset Healthcare Solutions The U.S. Court of Appeals for the Federal Circuit affirms district court’s grant of a narrowly-tailored preliminary injunction in trademark infringement case brought by SoClean, Inc., a medical device company that makes CPAP machines, against Sunset Healthcare Solutions, Inc. SoClean, Inc. v. Sunset Healthcare Solutions, Inc., No.
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Schmeiser, Olsen & Watts recognizes that a high quality and experienced legal partner to assist in the development and protection of its intellectual property matters. Thus, we are pleased to provide you with an introduction to Schmeiser, Olsen & Watts LLP. Our IPR Practice We feature a team of patent practitioners that are experienced in all areas
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The Implications of United States v. Arthrex, Inc., 594 U.S. ___ (2021) Background In Arthrex, Inc. v. Smith & Nephew, Inc., the United States Supreme Court addressed the constitutionality of the appointments of Administrative Patent Judges (APJs) to the Patent Trial and Appeal Board (PTAB), concluding that the APJs are \”principal officers\” of the
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USPTO Alternative Dispute Resolution An alternative dispute resolution (ADR) is any procedure, agreed to by the parties of intellectual property disputes, in which they use the services of a neutral party to assist them in reaching agreement and avoiding litigation. Types of ADR include arbitration, mediation, negotiated rulemaking, neutral factfinding, and minitrials. With the exception
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Patent Trial and Appeal Board Sanctions: What You Need to Know In inter partes review, covered business method and post-grant review proceedings, the Patent Trial and Appeal Board (PTAB) may impose sanctions on a party if that party is found to have committed misconduct during a review. Sanctions can include monetary penalties, exclusion from participation in
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ITC Litigation and Section 337 Proceedings The Tariff Act of 1930 (19 U.S.C. $ 1337) gives the International Trade Commission (\”ITC\”) exclusive jurisdiction over certain intellectual property disputes. These proceedings have become increasingly popular because they typically resolve themselves far faster than going to trial in Federal Court. An ITC litigation attorney requires an understanding
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A Covered Business Method Review (CBM Review) is a type of post-grant proceeding available under the America Invents Act (AIA). CBM Reviews are intended to provide a quicker and cheaper alternative to traditional patent litigation for challenging the validity of covered business method patents. To initiate a CBM Review, a petitioner must file a petition
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