1. The Final Score: 2018 Drug & Biologic Patent Approvals

    Posted on 01/15/2019 by Brittany Knight, in Articles, Biologics/biosimilars, Patent Trends & Activity

    The past year was a big year for FDA approved new drugs and biologics – 59 in fact, compared to 46 in 2017 and a mere 22 in 2016. From the published list of approvals on the FDA website Novel Drug Approvals for 2018, we compiled data on the listed patents associated with these drugs. As a whole, the 59 drugs included 42 “conventional”, i.e. small molecule drugs, of which 35 were new chemical entities (NCEs approved via a New Drug Application or NDA), and 17 were biological molecules (approved via a Biological License Application or BLA). For background, “conventional” drugs are small (i.e. generally under 1000 molecular weight), synthetically manufactured chemical entities that are chemically and molecularly well-characterized. Currently, these drugs make up the majority of approved drugs. Information regarding patents and exclusivity for these “conventional” drugs is referenced in the Approved Drug Products with Therapeutic Equivalence Evaluations, also known as the ‘Orange Book’.


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  2. Ben Lehberger Joins the Dilworth Team

    Posted on 01/14/2019 by Thomas Pia, in Announcements, Recent News & Articles

    Dilworth IP is excited to welcome our newest team member, attorney Benjamin Lehberger, who will be supporting the firm’s electro-mechanical and medical device clients. Ben has fourteen years of experience prosecuting hundreds of patents in a variety of technologies, including aircraft, medical devices, automotive, power generation, computer systems and software, mobile apps, hybrid vehicles, wireless devices, consumer/medical packaging and dispensers, financial services, and business methods. In addition to preparing and prosecuting hundreds of patent and trademark applications, Ben represents both plaintiffs and defendants in patent and trademark disputes and has a successful record in overturning rejections at the Patent Trial and Appeals Board. Prior to his legal career, Ben worked for several years as a helicopter design engineer at Sikorsky Aircraft Corporation where he had responsibilities involving the technical aspects of the company’s business acquisitions and provided preliminary designs and technical support for both military and civilian helicopters.


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  3. Linking It Up: Antibody-Drug Conjugates

    Posted on 01/08/2019 by Steve Kennedy, in Articles, Biotech/Pharma, Patent Trends & Activity

    As discussed in our previous article, antibody-drug conjugates (ADCs) have emerged as a highly promising class of anti-cancer drugs, and significant technical innovations are being made in all three components of the ADC, i.e. the antibody, the drug payload, and the linker joining them. The linker has been an area of particular focus, both within pharmaceutical development and the patent space. The primary considerations for effective ADC linkers are their stability during circulation followed by release at the target site and their method of attachment to the antibody. The latter can determine the ratio of payload to antibody, formulation homogeneity, and ease of manufacture, and will be the focus of the current article.


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  4. Not Yet Evolved? Where is 35 USC §101 going?

    Posted on 12/12/2018 by Brittany Knight, in Articles, News and Events, Patent Trends & Activity

    Software is a generic term to refer to a collection of data or executing code used by a computer to implement arithmetic operations or logical operations. Back in 1936, Allen Turing, in his landmark paper On Computable Numbers proposed the capable use of instructions (i.e. software) to execute functions through his Turing Machine, an early precursor of the general purpose computer[1]. Today the modern computer is instrumental for complex computations, data analytics, high-powered graphing, simulations, and so on. Although, the development and use of software for these computer functions has become mainstream, determining the patent eligibility of software inventions under 35 USC §101 has been less intuitive.


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  5. Dilworth IP Client, LambdaVision, to Launch Technology into Space

    Posted on 12/05/2018 by Thomas Pia, in Announcements, Recent News & Articles

    Dilworth IP congratulates our client LambdaVision which will have a payload containing one of their experiments launched on the SpaceX Dragon spacecraft for delivery to the International Space Station U.S. National Laboratory.  Launch time is Wednesday, December 05, 2018 at 1:15 PM (EST).


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  6. Never Too Rich or Too Thin: The Strong Trademark Standard

    Posted on 11/27/2018 by Shin Hee Lee, in Articles, Recent News & Articles, Trademarks

    “You can never be too rich or too thin” has been attributed to Wallace Simpson, the colorful Duchess of Windsor who charmed King George to abdicate the throne of England in 1936.[1] However, when it comes to trademarks, a mark that is lacking a bit of heft is not likely to stand.


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  7. Don’t Say It Like That: Beyonce’s Punny Trademark Battle

    Posted on 11/20/2018 by Frederick Spaeth, in News and Events, Trademarks

    In her album Destiny’s Child, Beyoncé sang “Say My Name,” but she might be hearing “No, No, No” from a company that markets merchandise to the newly betrothed, which styled itself “Feyonce Inc.” In a suit filed in the Federal district court for the Southern District of New York, Beyoncé asserted trademark infringement and dilution, unfair competition, and unjust enrichment, and sought partial summary judgment and entry of a permanent injunction against continued use of the name.


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  8. 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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  9. 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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  10. 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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