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

    Posted on 11/13/2018 by William Reid, in 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 11/06/2018 by David Puleo, in 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. Alexa, Play Some Music

    Posted on 10/30/2018 by Frederick Spaeth, in News and Events, Recent News & Articles

    President Trump has now signed into law the much-anticipated Music Modernization Act (MMA). This law updates the terms and mechanism under which music publishers can distribute sound recordings and, by paying into a statutory licensing program, be shielded from lawsuits by songwriters, recording artists and record companies for infringing their copyrights.  Commercial music licensing is enormously complex, but to illustrate one reason why an update to current laws was needed, consider this excerpt from the House of Representatives Report for the House version of the bill (H.R. 5447):


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  4. The Priority Review Voucher: An Untapped Asset

    Posted on 10/03/2018 by David Puleo, in 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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  5. Dilworth IP Partner Participates in IP Panel at UNM Law Mixer

    Posted on 09/25/2018 by Thomas Pia, in Announcements

    On Thursday, September 20th, Dilworth IP Partner Dr. Jonathan Schuchardt participated in a panel hosted by the University of New Mexico (UNM) School of Law.  The panel convened to inspire law students to be aware of intellectual property and to give them a chance to ask experienced IP attorneys questions about what it’s like to have an IP practice.  Panelists shared their various career paths, and Schuchardt explained the technical background required for becoming a patent attorney.  Jon surprised many when he announced that he had learned more chemistry as a patent attorney than he could have learned had he continued on his original career path in chemical research.


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  6. Royal Trademark Battles over Beverages

    Posted on 09/18/2018 by Frederick Spaeth, in 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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  7. Patent Beauty: IP and Hair Coloring Products

    Posted on 09/05/2018 by Shin Hee Lee, in 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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  8. Dilworth IP Invests in the Future: Internship Program Offers IP Experience to Next Generation of Local Scientists

    Posted on 08/28/2018 by Thomas Pia, in Announcements, News and Events, Recent News & Articles

    Dilworth IP’s Technology Specialist Internship Program has recently received attention from two of Connecticut’s leading academic institutions, Yale University and the University of Connecticut.  These pieces can be found HERE and HERE, respectively.

    Beginning in 2014, the firm’s Technology Specialist Internship Program has been designed to provide Ph.D. level scientists interested in a career in intellectual property law hands-on industry experience.  Since then, nine individuals have participated in the program, gaining a solid foundation in intellectual property law while fortifying Dilworth IP’s technological expertise.  “IP Law is unique in its intimate relationship with the sciences” said Dilworth IP Founder & Managing Partner, Michael Dilworth. “In creating the Technology Specialist position, we wanted to be able to offer young scientists experience in a field they may not have immediately considered. In exchange, the firm benefits from their incredible expertise in a variety of new and exciting cutting-edge technologies.”  


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  9. Hold the Mayo: Guide to a Healthy Patent Application

    Posted on 08/24/2018 by John Wizeman, in Patent Related Court Rulings, Patent Trends & Activity, Recent News & Articles

    Back in April, the Court of Appeals for the Federal Circuit (CAFC) handed down a split decision that breathes life into an otherwise suffocating Mayo/Alice world.  This case, Vanda Pharmaceuticals Inc. v. West-Ward Pharmaceuticals Int’l Ltd. has been contrasted and compared to the Supreme Court’s original Mayo finding, since both Mayo and Vanda related to drug dosing and involved a law of nature. However, the comparison ends there, as the underlying patent in Vanda was deemed subject matter eligible, whereas the patent in Mayo was not. The Mayo decision, in conjunction with the Alice decision of course, led to the creation of the current two-step patent eligibility test that has proven difficult to consistently apply. Three key differences likely led to the divergence between the Vanda and Mayo decisions:  (i) the focus of the innovation, (ii) the actual method steps recited, and (iii) the clarity in presenting the result of the application of the method. Furthermore, the USPTO recently issued a guidance memorandum analyzing the decision.


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

    Posted on 08/07/2018 by Steve Kennedy, in 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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