1. Assignor Estoppel & Inter-Partes Review: Arista Networks, Inc. v. Cisco Systems, Inc.

    Posted on 13.11.18 William Reid, on Articles, News and Events, Patent Related Court Rulings

    Arista Networks, Inc. (Arista) petitioned for an IPR of Cisco Systems, Inc.’s (“Cisco”) patent, U.S. 7,340,597, relating to protecting computer network systems from outside attack using a logging module.[1] Claims 1 and 29 are as follows:

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  2. The A-B-C’s of R-N-A-i: Therapeutic Applications and §101 Implications

    Posted on 06.11.18 David Puleo, on Articles, Biotech/Pharma, Patent Resources

    Now that the first RNA interference (RNAi)-based therapeutic, ONPATTROTM (patisiran, developed by Alnylam Pharmaceuticals), recently received FDA approval, it is not surprising that such drugs are gaining considerable attention.  However, the underlying technology has been around for quite some time.  Craig Mello and Andrew Fire won the 2006 Nobel Prize in Physiology or Medicine for their discovery of RNAi.  There has since been a trend towards developing RNAi-based therapeutics, which is reflected in the number of patent applications that have been filed in this area.  In this article, we will be reviewing the RNAi methodology and relevant patents, as well as potential challenges for patenting this technology going forward.

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  3. The Priority Review Voucher: An Untapped Asset

    Posted on 03.10.18 David Puleo, on Articles, Patent Resources, Patent Trends & Activity

    Typically, we think of patents as the main tool that allows for product exclusivity in the pharmaceutical industry.  However, exclusivity has a regulatory component.  For example, a new drug product cannot be marketed until it has undergone review and approval by the US Food and Drug Administration (FDA) or other foreign counterpart.  Probably the most familiar regulatory exclusivity is the five years given upon approval of a new drug application (NDA) during which no generic drug application can be filed.[1]  This regulatory exclusivity is a valuable asset, so much so in fact that it is often desirable to accelerate the drug approval process.  An untapped asset that has arisen out of this framework is the priority review voucher (PRV).  A helpful summary on PRVs was recently published in a piece from the Regulatory Affairs Professional Society.

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  4. Royal Trademark Battles over Beverages

    Posted on 18.09.18 Frederick Spaeth, on Articles, Recent News & Articles, Trademarks

    The story is about diet drinks named “zero”: SPRITE ZERO, the various flavors of COCA-COLA ZERO, FANTA ZERO, POWERADE ZERO, and VAULT ZERO. What these particular names share in common is that they are all products of The Coca-Cola Company (TCCC). Moreover, TCCC applied to register these ZERO-inclusive names, and others, in the U.S. Patent and Trademark Office (USPTO) as trademarks, so that they could claim the right to exclusive use of these names and similar names for such products.

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  5. Patent Beauty: IP and Hair Coloring Products

    Posted on 05.09.18 Shin Hee Lee, on Articles, Biotech/Pharma

    The global hair coloring product market is projected to grow into a 200 billion-dollar industry by 2025. Coty reported in 2017 that more than half of all women color their hair regularly. For example, these figures have reached 62% in the United States, 67% in the United Kingdom, 69% in Germany, and 88% in Russia. An in-depth data analysis reported by Grand View Research, Inc. attributes this rapid growth to a global increase in the aging population, environmental insults such as air pollution, and new trends in the fashion industry. Alongside the other lucrative sectors in the beauty industry that were discussed in our previous articles (see link https://www.dilworthip.com/patent-beauty-ip-cosmetics, and link https://www.dilworthip.com/patent-beauty-ip-and-hair-care), the hair coloring sector also deserves a great amount of attention, especially in view of advancing technologies and the intellectual property covering it.

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  6. Antibody Drug Conjugates: The Patent Landscape for a New Class of Cancer Treatment

    Posted on 07.08.18 Steve Kennedy, on Articles, Biotech/Pharma

    Over the last decade, antibody-drug conjugates (ADCs) have emerged as a highly promising new class of biopharmaceuticals. By taking advantage of the specificity of monoclonal antibodies and the potency of small-molecule chemotherapy drugs, ADCs have proven to provide a highly effective combination – particularly in the oncology space,. The recent FDA approvals of Kadcyla (Genentech), Adcetris (Seattle Genetics), Mylotarg (Wyeth Holdings / Pfizer), and Besponsa (Wyeth Holdings / Pfizer), as well as the over sixty other ADCs in clinical trials, show that these drugs represent an increasing proportion of newly approved cancer therapies and will generate growing revenues for firms innovating in the field.  Accompanying this burst in ADC development is the corresponding activity in the patent space.  This article summarizes some of the important developments.

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  7. Asserting a Trade Secrets Case Under Seal

    Posted on 31.07.18 Frederick Spaeth, on Articles, News and Events

    Dur-A-Flex, Inc., based in East Hartford, is preparing for trial on a trade secret misappropriation case in May 2018, in Hartford Superior Court (HHD-CV14-6049281-S).  In January, Dur-A-Flex filed a Motion to Seal, asking the court to close the courtroom and seal the record to the named defendant for a key portion of the trial – the part where Dur-A-Flex discloses the trade secrets it accuses the defendant of having taken.

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  8. Zero Sum Game For Beverage Companies

    Posted on 24.07.18 Shin Hee Lee, on Articles, Patent Related Court Rulings, Recent News & Articles

    On June 20, 2018, the Federal Circuit decided against the soft drink giant The Coca-Cola Company in their long-standing battle with Royal Crown Cola Company and Dr Pepper/Seven Up Inc.  These parties had opposed Coca-Cola’s registration of the “Zero” trademark, for various Coca-Cola products. See, cafc.uscourts.gov/sites/default/files/opinions-orders/16-2375.Opinion.6-20-2018.pdf

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  9. Let Us Now Praise Unfamous Inventors, Part II:  The “Almost-10 Millionth” Patentee

    Posted on 11.07.18 Jon Schuchardt, on Articles, Patent Trends & Activity, Recent News & Articles

    It seems like only yesterday that the United States Patent and Trademark Office (USPTO) issued U.S. Pat. No. 9,000,000 for a “windshield washer conditioner” that collects and conditions rainwater or dew from a windshield for use as washer fluid.  And now we’ve surpassed 10,000,000!  If patents were Wonka Bars, the millionth ones would surely include a Golden Ticket.

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  10. Fluid Catalytic Cracking Patents – 2017, Part I: Catalytic Compositions/Synthesis

    Posted on 15.06.18 William Reid, on Articles, Patent Trends & Activity

    One technique for categorizing patents related to Fluid Catalytic Cracking is to group them in certain categories:  those related to catalyst zeolite, matrix or the catalyst per se, their synthesis or crossover patents directed to additive/FCC catalyst systems; catalyst additives per se, such as metals passivation catalysts, octane additives or combustion promoters; reactor internals; regenerator internals; FCC-related process conditions, operations, and treatment of FCC feed or products; or incorporation of the FCC in a broader process, and ancillary FCC-related processes.  In 2017, there was a concentration in the final category, with lighter representation in all other areas.

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