1. 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.

    Read Full
  2. 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.

    Read Full
  3. 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

    Read Full
  4. 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.

    Read Full
  5. 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.

    Read Full
  6. Steve Jobs: Think Different, Think About the Box

    Posted on 23.05.18 William Reid, on Articles, Patent Trends & Activity

    In the world of electronics, no one has appreciated and successfully employed the importance of the integration of packaging design and engineering, like Apple.  Everyone in the field of intellectual property are aware of the considerable number of utility patents owned by Apple.  What they may not be as familiar with is their activity in the area of design patents.  As described in the Steve Jobs biography by Walter Isaacson, this has been due in large part to the relationship between designer, Jonathan Ive, and the brilliant Steve Jobs.  The book points out that in contrast to the typical engineering-driven design of products in most companies, at Apple, product and packaging design involves an iterative conversation between the designers and engineers to find elegant simplicity:

    Read Full
  7. Will Alice Become the New Markman?

    Posted on 10.05.18 Michael Hinrichsen, on Articles, Patent Related Court Rulings, Recent News & Articles

    Buried amidst the flurry of recent Federal Circuit subject matter eligibility decisions is a question that could significantly change how Section 101 is applied in patent litigation.  Specifically, the issue is whether performing Step 2 of the Mayo/Alice test can require a factual inquiry.  If upheld, this interpretation of Alice could make patent litigation much more complicated and expensive.  In fact, Section 101 inquiries could become convoluted mini-trials in their own right – similar to how Markman hearings are performed today.

    Read Full
  8. Patent Beauty: IP and the Cosmeceutical Industry

    Posted on 26.04.18 Shin Hee Lee, on Articles, Biotech/Pharma

    The cosmeceutical industry is ever more competitive and continues to grow with a myriad of new cosmeceutical products entering the market every day. Well-established and new companies are busily adapting to new trends created by people’s changing tastes. The total revenue of the U.S. cosmeceutical industry has only been increasing since 2009, marking $62.46 billion in 2016. While this revenue comes from a number of cosmeceutical product categories, skin care has always been the most profitable category, covering 36% of the global market.

    Read Full
  9. Rising Temperatures – Federal Circuit Warming to Patent Eligibility of Medical Diagnostics

    Posted on 18.04.18 Michael Hinrichsen, on Articles, Patent Related Court Rulings, Patent Trends & Activity

    For the first time since the Mayo Supreme Court decision of 2012, the Court of Appeals for the Federal Circuit (CAFC) in Exergen vs Kaz has ruled in favor of the patent eligibility of a medical diagnostic invention.  While nonprecedential, this 2-to-1 decision is noteworthy for the guidance it provides to patent professionals seeking to protect diagnostic inventions.  Specifically, it instructs that diagnostic methods may be eligible for patent coverage so long as they use unconventional methods for detecting analytes.  Additionally, the Exergen decision offers another endorsement of the view put forth recently by the CAFC in Berkheimer v. HP and Aatrix v. Green Shades, that the inventive concept analysis that can arise in step-2 of the Mayo/Alice test is at least in part a factual question and not just a question of law.  This factual vs legal debate continues to have reverberations throughout the patent law field, affecting both the manner in which courts conduct 101 examinations as well as the conclusions they reach.

    Read Full
  10. Local Company Brings National Distributor to Court On Trademark Infringement Claim

    Posted on 11.04.18 Frederick Spaeth, on Articles, Trademarks

    The U.S. District Court of Connecticut has ruled that a small Connecticut manufacturing company can sue an Indiana- based national manufacturer and wholesaler for trademark infringement in Connecticut, based on the defendant’s modest sales to distributors in Connecticut.  This illustrates how Connecticut courts provide an important forum for Connecticut business to protect their brands against out-of-state competitors that sell into Connecticut.

    Read Full