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Author: Shin Hee Lee

Patent Beauty: IP and Hair Care Products

“Your hair is your crowning glory” is an often-quoted phrase with biblical roots.1Perhaps 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 […]

FDA Orange Book – Patent Procedural Update

The Food and Drug Administration (FDA) made a technical change to the Approved Drug Products with Therapeutic Equivalence Evaluations (Orange Book)[1], effective November 21, 2017. The Orange Book will now show patent submission dates where available. A patent submission date is defined as the date on which the FDA receives patent information from the New Drug Application (NDA)[2]  holder, often referred to as the innovator. Previously, patent submission dates could only be ascertained by directly contacting the FDA.

Updates from the USPTO on Subject Matter Eligibility

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:

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

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.

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

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.

Oil Battles Greene Energy to War Over Inter Partes Review in the Supreme Court

Here is a case on the Supreme Court docket that could become a landmark decision for the patent community. Oil States Energy Services LLC v. Greene’s Energy Group is the first time the Court has agreed to review the constitutionality of inter partes review (IPR). Over thirty amicus curiae briefs have been filed in this high-profile case that could greatly impact patent infringement and litigation practices. The Court granted a writ of certiorari[1] to Oil States on June 12, 2017, and has set a date for argument next month on November 27. As we look forward to the decision, we review here the critical details of the case.