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Category: News

Dilworth IP’s Website Honored with Platinum Award

Dilworth IP is very excited to announce that our new website, launched earlier this year to more accurately represent the culture and values of our firm, has been chosen from over 200,000 entries as a Platinum Winner of the prestigious Hermes Award—an honor awarded to only 1% of applicants. The Hermes Creative Awards is an international competition that is administered and judged by the Association of Marketing and Communication Professionals (AMCP), and recognizes excellence in the concept and design of marketing programs. Entries are submitted from a wide array of industries, and are judged at random on a point system according to their particular merits rather than directly compared to other entries

Lack of Obviousness in Methods for Cancer Treatment

The ‘209 Patent includes method claims where folic acid and a methylmalonic acid lowering agent (e.g., vitamin B12) are administered prior to treatment with the antifolate pemetrexed disodium, a chemotherapy agent.[3]  The folic acid and methylmalonic acid are used to ameliorate the toxic effects of the pemetrexed.[4]  The heart of the Board’s conclusion was that although it was known to use folic acid to reduce the toxicity of antifolates such as pemetrexed, there was no reason to pretreat with vitamin B12 and folic acid prior to treatment with pemetrexed for cancer.[5]  On appeal, the Petitioner’s obviousness arguments related to the EP005 reference, which taught use of folic acid in conjunction with vitamin B12 to reduce homocysteine levels for all purposes.[6]  Homocysteine is an amino acid, and when present in high levels is predictive of pemetrexed toxicity.[7]  On its face this appears to be a solid case for obviousness.  Indeed, those arguing against motivation to combine during patent prosecution have almost certainly encountered an Examiner’s response referencing MPEP 2144IV at one time or the other:

Are Your Secrets Still Safe? How Trade Secret Protection is Evolving Under the DTSA

Trade secret law provides protection for information that its owner takes reasonable measures to keep secret and that derives independent economic value from not being generally known or readily ascertainable. If a trade secret is misappropriated by another, the owner may be entitled to damages, an injunction preventing further use or disclosure of the trade secret, and in some cases the recovery of attorneys’ fees.