1. 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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  2. 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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  3. 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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  4. 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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  5. Asserting a Trade Secrets Case Under Seal

    Posted on 07/31/2018 by Frederick Spaeth, in 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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  6. Zero Sum Game For Beverage Companies

    Posted on 07/24/2018 by Shin Hee Lee, in 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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  7. Does USPTO Memo on Patent Eligibility Bring Confusion?

    Posted on 07/17/2018 by David Puleo, in Patent Related Court Rulings, Patent Trends & Activity

    In April, the USPTO published a memorandum that revises procedures set forth in MPEP §2106.05. The memorandum was issued in response to the Federal Circuit’s decision in Berkheimer v. HP Inc. Now that the Federal Circuit denied the request for en banc rehearing of the decision, we thought it would be a good time to offer some thoughts on the memo.


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

    Posted on 07/11/2018 by Jon Schuchardt, in 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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  9. Stone Basket Innovations v. Cook Medical LLC : When Is a Case “Exceptional” for the Purposes of §285?

    Posted on 06/26/2018 by William Reid, in Patent Related Court Rulings, Patent Resources

    Stone Basket Innovations (SBI) sued Cook Medical LLC (Cook) for infringement of its patent, U.S. Patent No. 6,551,327 (‘327 Patent) in the U.S. District Court for the Eastern District of Texas.[1]  Subsequently, the case was transferred to the U.S. District Court for the Southern District of Indiana (Southern District).[2]  The subject patent related to stone extraction medical devices for removing stones from biological systems, and contained elements directed to a “support filament,” “a handle comprising a sheath moving element,” and a “collapsible wire basket.”[3]  At deposition, in a moment that SBI’s attorneys’ will probably dream of again and again in a kind of horrible Groundhog Day remake, when questioned about the addition of the sheath movement element during prosecution, the inventor of the ‘327 replied, “I realize there is nothing novel about it.”[4]  Yikes!  But this is exactly what happened in Stone Basket Innovations, LLC v. Cook Medical LLC, 2017-2330 (Fed. Cir. June 11, 2018).


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  10. Patent Beauty: IP and Hair Care Products

    Posted on 06/21/2018 by Shin Hee Lee, in Biotech/Pharma

    “Your hair is your crowning glory” is an often-quoted phrase with biblical roots.1 Perhaps more importantly, one’s hair is a visible barometer of one’s health and age. Hair care products are also big business. The global hair care market reached $85.5 billion in annual sales in 2017. This figure is expected to climb to over $100 billion by 2024. The U.S. hair care market outcompeted the Asia-Pacific market in 2017, now making it the largest market in the world at about $15 billion. This highly lucrative hair care market continues to grow rapidly with advances in nanotechnology and other areas. A sampling of patents from the hair care sector is summarized at the end of this article.


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