Patent | Stone Law, P.C.

Athena Diagnostics v. Mayo Collaborative Services: a Paradigm of Patent Eligibility Meriting En Banc Review

May 23, 2019

In Ariosa Diagnostics, Inc. v. Sequenom, Inc., 788 F.3d 1371, 1376 (Fed. Cir. 2015) the Federal Circuit belittled pioneering work at Oxford University, indisputably one of the world’s leading research…

Draft Text of Proposed New Section 101 Reflects Patent Owner Input

May 22, 2019

Stone Law, P.C.

Patent

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A group of Senators and Representatives has just released the draft text of a bipartisan, bicameral proposal to reform Section 101 of the Patent Act. Senators Thom Tillis (R-NC) and Chris Coons (D-DE), Chair…

Determining When a Printed Publication is Publicly Accessible

May 21, 2019

Stone Law, P.C.

Litigation, Patent

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Twice during the last year, the Federal Circuit found itself clarifying the meaning of public accessibility of a printed publication for the purposes of prior art under 35 USC §102.…

In Mission Product Ruling, Supreme Court Clarifies Longstanding Circuit Split on Effects of Bankruptcy on Trademark Licenses

May 20, 2019

Stone Law, P.C.

Bankruptcy, Business, Patent, Trademark

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As predicted, the U.S. Supreme Court has ruled that a debtor’s rejection of a license agreement in bankruptcy proceedings does not mean the licensee no longer retains rights to the…

Business Method Patents Recover Under USPTO Guidance

May 19, 2019

Stone Law, P.C.

Patent

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Business method patents have recovered under the new 2019 Revised Patent Subject Matter Eligibility Guidance. As the graph above shows, allowances per office action (APOA) dropped from 17% before the…

Examining Recent USPTO Programs to Improve the Trademark Register

May 18, 2019

Stone Law, P.C.

Patent, Trademark

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While all eyes are on China and how it plans to tackle bad faith infringers, the United States Patent and Trademark Office (USPTO) also is cleaning house, implementing stricter rules…

Other Barks & Bites for Friday, May 17: Trump Bans Huawei, Alibaba Shows Improved Brand Protection and China Revises Copyright Law

May 17, 2019

Stone Law, P.C.

Business, Copyright, Litigation, Patent, Trademark

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This week in Other Barks & Bites: Chinese state political advisors suggest changes to the country’s copyright law, including stronger punitive measures for infringement; President Donald Trump bans Huawei telecommunications…

Federal Circuit Affirms Validity of Endo Pharmaceuticals Patent for Morphinan Pain Relief Compounds

May 16, 2019

Stone Law, P.C.

Litigation, Patent

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The Federal Circuit recently affirmed a district court ruling finding patent infringement after holding that Actavis LLC, Actavis South Atlantic LLC, and Teva Pharmaceuticals USA, Inc. (collectively, “Actavis”) failed to…

Jamie Love Responds to Criticism of Knowledge Ecology International Letter

May 15, 2019

Stone Law, P.C.

Business, Patent

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On May 12, Frederick Reinhart published an article titled “Knowledge Ecology International Letter Misleads on March-In Rights.” Reinhart is a past president of the Association of University Technology Managers (AUTM),…

The Price of Price Controls: Innovation Likely to Suffer in Drug Pricing Debate

May 14, 2019

Stone Law, P.C.

Patent

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Is Congress really going to do anything useful with respect to lowering drug prices? When the question is presented that way the answer almost seems painfully obvious. Of course not.…