1. U.S. Tops Leaderboard on Chamber of Commerce 2018 IP Index – Slips to #13 in Patent Protection

    Posted on 20.02.18 David Puleo, on Articles, Patent Trends & Activity, Recent News & Articles

    The United States Chamber of Commerce (USCC) released the 6th Edition of the International IP Index on its Global Intellectual Property Center (GIPC) website last week.  The Index highlights the importance of establishing a strong intellectual property infrastructure to catalyze economic growth, development, and innovation.

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  2. Updates from the USPTO on Subject Matter Eligibility

    Posted on 15.01.18 Shin Hee Lee, on News and Events, Patent Resources, Recent News & Articles

    On January 4th, the U.S. Patent and Trademark Office updated their webpage on subject matter eligibility with two new supplementary documents providing further guidance under 35 U.S.C. §101. The two new documents are useful summaries and references for practitioners and others having an interest in the area. The two documents, which are briefly described below are:

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  3. Dilworth IP’s David Puleo & Dr. Anthony Sabatelli Featured in the IP Litigator

    Posted on 11.01.18 Thomas Pia, on Announcements, Patent Related Court Rulings, Recent News & Articles

    Dilworth IP’s David Puleo and Dr. Anthony Sabatelli recently had an article featured in the bi-monthly publication IP Litigator. Their article, entitled “UK Supreme Court Redefines Patent Infringement,” considers the United Kingdom Supreme Court decision in Actavis UK Limited and others v. Eli Lilly and Company, and the implications it has on defining patent infringement.

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  4. Federal Circuit Further Clarifies Inventive Concept Under The Two-Part Mayo/Alice Test

    Posted on 12.12.17 David Puleo, on Articles, Patent Related Court Rulings, Recent News & Articles

    In Two-Way Media Ltd. v. Comcast Cable Communications, LLC, the Federal Circuit affirmed the decision of the District Court of Delaware that the Two-Way Media patents and claims were ineligible under 35 U.S.C. § 101.  See the Federal Circuit decision here.  Two-Way sued Comcast, alleging that Comcast violated U.S. Patent Nos. 5,778,187 (‘187); 5,983,005 (‘005); 6,434,622 (‘622); and 7,266,686 (‘686) relating to a “Multicasting method and apparatus”.  These patents are directed to a “scalable architecture … or delivery of real-time information over a communications network”.  This essentially refers to methods for streaming data over the internet to multiple users at a time.  The outcome of this case teaches important lessons on how and where to define inventive concept under the two-part Mayo/Alice test.

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  5. No More Monkey Business: “Selfie” Copyright Case Settled?

    Posted on 28.11.17 Shin Hee Lee, on Articles, Recent News & Articles

    On September 11, 2017, the two parties involved in Naruto v. Slater – publicly known as “the Monkey Selfie” – jointly asked the U.S. Court of Appeals for the Ninth Circuit to dismiss their appeal, and nullify the judgment already made by the lower court. This case has been frequently reported and discussed by both the popular press and serious legal sources, because it unearths our fundamental human assumptions that animals lack a level of awareness to take self-portraits of themselves, let alone raises a copyright question.

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  6. Navigating the Patent Eligibility Turnstile

    Posted on 21.11.17 Michael Hinrichsen, on Patent Related Court Rulings, Patent Trends & Activity, Recent News & Articles

    On October 18, the CAFC Circuit Court delivered a verdict in Smart Sys. Innov. v Chicago Trans. Auth. that adds an interesting new wrinkle for determining the question of patent subject matter eligibility.  In a split decision, the court ruled that several contested patents held by SSI were directed to an abstract idea following the Mayo/Alice test for determining patent eligibility, and were therefore invalid.  The dissenting opinion, penned by Judge Linn, offered an interesting, and in our opinion, reasonable, new interpretation for the Mayo/Alice test for determining patent eligibility.

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  7. Keeping Score: Over 50 Briefs for Upcoming IPR Case in the Supreme Court

    Posted on 16.11.17 Shin Hee Lee, on Articles, Patent Related Court Rulings, Recent News & Articles

    We are fast approaching the Supreme Court oral arguments in the case of Oil States Energy Services LLC v. Greene’s Energy group on Monday, November 27th. We had previously reported on this case in a recent piece, Oil Battles Greene Energy to War over Inter Partes Review in the Supreme Court.  A whopping 57 amicus curiae briefs have been filed, underscoring the intense interest in the outcome of this case.  The briefs represent a vast array of interested parties, including law professors, legal associations, small businesses, and recognized companies in the fields of medicine, electronics, automobiles, and technology. The key issue of the case is simple – whether the Patent Office’s inter partes review (IPR) process is an unconstitutional denial of the right to a jury trial.

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  8. Berkeley Hatches a Plan for Patent Reform

    Posted on 08.11.17 David Puleo, on Patent Trends & Activity, Recent News & Articles

    The Berkeley Center for Law & Technology (BCLT) held a round table discussion workshop with opinion leaders from science, technology, and the law to discuss patent subject matter eligibility.  A Report on the workshop, which is quite extensive and contains a number of tables and charts, should be of interest to a wide audience.  This Report comes on the heels of Senator Orrin Hatch’s op-ed article that also called for reform of subject matter eligibility (reviewed by Dilworth IP here).  A number of recommendations, some of which are detailed below, were proposed by workshop participants to clarify subject matter eligibility as related to 35 U.S.C. § 101.  Of note, this workshop was further detailed in a blog piece on PatentlyO.

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  9. Dilworth IP Presents at the SAPA-CT 4th Annual Conference

    Posted on 12.10.17 Thomas Pia, on Biotech/Pharma, News and Events, Recent News & Articles

    Dr. Anthony Sabatelli and Dr. Jing Zhou of Dilworth IP presented a talk entitled “Pharmaceuticals: At the Intersection of Patent and Regulatory Law” at the SAPA-CT 4th Annual Conference on Saturday, October 7th. The Sino-American Pharmaceutical Professionals Association (SAPA) was founded in 1993 as an independent and nonprofit organization seeking to bridge the U.S. and Chinese pharmaceutical worlds by providing training in drug research and development, creating a broad network, and hosting delegations from China. The theme of this year’s conference was “Adapting to the Changes in Biotech/Pharmaceutical Industry” and was held at the Yale School of Management from 8:00 am to 6:30 PM.

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  10. Connecticut House Passes Bill to Foster Microbiome Sector in the State

    Posted on 19.06.17 Thomas Pia, on Announcements, Biotech/Pharma, Recent News & Articles

    e Connecticut House of Representatives passed S.B. 1056 Wednesday, June 7th, to “establish a working group to develop a plan to foster the microbiome sector in the state.” This bill, which will now go to the governor for consideration, aims to incentivize companies focused on microbiome science to locate to and/or pursue their projects in the State of Connecticut. It proposes that a working group be established to identify these companies, and, that among the incentives created would be an annual competition for start-up microbiome companies to take place in Connecticut. “At Dilworth IP we had early on identified the field of microbiome-based therapeutics as an up and coming research area,” Dr. Anthony Sabatelli, Partner and Chair of Dilworth IP’s Biotech and Pharmaceutical IP practice group, said, “we are very pleased that this Bill has passed the general assembly, because it demonstrates the State’s commitment to supporting this emerging technology area as an important part of Connecticut’s biotechnology future.”

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