IP PUBLIC POLICY

After their initial shock, lawmakers are fighting back against pharmaceutical company Allergan’s novel plan to protect the validity of its patents by bypassing the Patent Trial and Appeal Board’s (“PTAB”) scrutiny. In September, Allergan transferred the rights to six key patents on the dry-eye drug... read more
Recently, the Patent Trial and Appeal Board (PTAB) designated one inter partes review decision as precedential and three inter partes review decisions as informative.The precedential decision is General Plastic Industrial Co., Ltd. v. Canon Kabushiki Kaisha, Case IPR2016-01357 (PTAB Sept. 6, 2017... read more
The Post-Prosecution Pilot (“P3”) Program closed today, January 12, at the end of its six-month run.  According to the USPTO, all of the technology centers met their limit of 200 requests, except for TC1600 (Biotechnology and Organic Chemistry), which had 141. As previously discussed on... read more
We have an update to our prior blog post relating to Sequenom v. Ariosa Diagnostics.  On June 27, the Supreme Court denied certiorari to Sequenom, Inc.  As such, the application of § 101 in the biotech and life sciences space remains cloudy.  The denial was issued despite the... read more
Today the USPTO announced that the Patent Trial and Appeal Board (PTAB) designated five more post-grant proceeding decisions as precedential. This brings the total number to eight. The five new decisions are as follows (with descriptions provided by the USPTO):- Garmin Int’l v. Cuozzo Speed... read more
Today, during the USPTO Patent Public Advisory Committee Quarterly Meeting, the USPTO announced that a new Subject Matter Eligibility Update is being published in the Federal Register on May 6. A pre-publication version is available in the Federal Register Reading Room today. In the update,... read more
Last week, the Senate Judiciary Committee approved the Defend Trade Secrets Act of 2016 (S. 1890), priming the House of Representative for a vote on its companion bill, H.R. 3326. Before going to Committee, S. 1890 passed by a vote of 87-0 on the Senate floor. Senator Orrin Hatch sponsored the bill... read more
Dunlap Codding's own Jordan Sigale and Julie Langdon co-authored an amicus brief on behalf of the Federal Circuit Bar Association filed on April 20, 2016, in Sequenom v. Ariosa Diagnostics at the U.S. Supreme Court.  The brief (prepared with Frank Angileri of Brooks Kushman PC) urges the high... read more
On March 31, the USPTO announced in its “Director’s Forum” blog that it is publishing the Final Rule containing the amendments to the Rules of Practice for trials before the Patent Trial and Appeal Board (the Board). The pre-publication version of the Final Rule is available on the USPTO website.... read more
The 1998 Digital Millennium Copyright Act (DMCA) is the law that provides a safe harbor to protect online service providers who meet certain conditions from copyright infringement liability resulting from acts by their users. To receive this protection service providers must comply with,... read more
Trade secrets are an area of intellectual property litigation that is not discussed as much as patents, trademarks, and copyrights, but is arguably equally as important. At the moment, unlike other areas of intellectual property, there is no federal civil statutory scheme for trade secrets. However... read more
The Bluebook: A Uniform System of Citation is a 511-page quasi-authoritative source of legal citation formats published by the Harvard Law Review Association working together with the Columbia Law Review Association, Inc., The Yale Law Journal Company, Inc., and the University of Pennsylvania Law... read more
Emily Campbell, Dunlap Codding's Trademark, Copyright & E-Commerce practice group leader, authored an article on the United States Copyright Office's current public study to evaluate the impact and effectiveness of the safe harbor provisions contained in section 512 of title 17, United States... read more
The Leahy-Smith America Invents Act (AIA) created post-grant proceedings at the USPTO to provide members of the public an efficient way to challenge the validity of issued patents without the expense of federal court litigation. The USPTO Patent Trial and Appeal Board (PTAB) has adopted a claim-by-... read more
On December 1, 2015, amendments to certain rules of the Federal Rules of Civil Procedure went into effect. For a better understanding of the new amendments, I have set forth a breakdown of the primary amendments to the rules and the purpose of those amendments.Rule AmendmentPurposeRule 1:... read more