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Category: Recent News & Articles

Will Purple Become The New Orange? FDA Publishes Long-Awaited Lists Governing Biologics

Some fashion trends may come and go, but in the not too distant future the majority of prescription drug sales will be purple.1 For those of you not yet familiar with this latest trend, allow me to explain.

Most drug products are small, synthetically produced substances. The common pain reliever ibuprofen, for example, contains only 33 atoms and has a molecular weight of 206. In contrast, there is a whole new class of complex drug products that are isolated or produced from biological sources such as living cells. These biologically produced drugs, more commonly called “biologics”, are orders of magnitude larger than their small molecule cousins and present special challenges in their preparation, isolation, and administration. Insulin is a common example of a biologic. It is a protein having a molecular weight of approximately 5800. Another example is the hormone erythropoietin (or “EPO”), which is used to treat anemia. EPO is a far larger biological drug with a molecular weight of nearly 35,000.

Dilworth IP Announces Partnership with the Yale Entrepreneurial Institute

Dilworth IP is very excited to announce our newly formed partnership with the Yale Entrepreneurial Institute (YEI). YEI’s mission is to foster innovation at Yale by providing resources and education in the form of incubator space, seed funding, and mentoring, as well as educational programs on the legal and business considerations of entrepreneurship. This mission meshes well with Dilworth IP’s commitment to education and innovation. Seeing the great value in encouraging and mentoring students in their pursuit of entrepreneurial success, the firm has partnered with YEI to provide legal resources to its start-ups in the form of educational training, resource materials, and counseling.

Nature’s Indelible Marker

Naturally abundant, stable isotopes have already protected the identity and origin of $1.5 billion in pharmaceutical materials against intellectual property infringers. In an effort to find a simple, accurate way to unequivocally identify and secure the origins of drugs and other compounds, a Niantic, Connecticut-area scientist developed an alternative, finding a way to use the naturally occurring molecular fingerprint of drug products, active pharmaceutical ingredients and their synthetic pathways to help biotech and pharmaceutical companies enforce their hard-won patent rights against counterfeiters and other bad actors looking to profit by stealing intellectual property.

Recent Trends in Fluid Catalytic Cracking Patents, Part V: Reactor Section

This is the fifth article in a review of recent patents in the area of Fluid Catalytic Cracking (FCC). The first four articles reviewed patents on catalyst additives, zeolites, cyclones, and cracking catalysts. The current article will cover seven patents relating to the FCC reactor system, which for the purposes of this article includes the riser(s), separation devices, stripper and the reactor vessel. […]

Upcoming Webinar: Filing in the Fast Lane – Leveraging the Patent Prosecution Highway to Get You from “A” to “B” Quicker (and Cheaper!)

While there are certainly rules of the road that must be followed, generally speaking, the current version of the Patent Prosecution Highway (PPH) can be a cost-effective and user-friendly means for in-house counsel and small business owners to get their patents granted in multiple international jurisdictions. It hasn’t always been so in the past, and there are a few key requirements that must be met, so knowing when the highway is an option and when it’s not the best route is critical. This webinar will focus on the improvements made to the PPH through the more recent IP5 and GBBH agreements, providing a streamlined, filing framework which could potentially save patent owners tens-of-thousands of dollars in international prosecution costs per application. With several examples and some recent statistics, this introduction to the PPH will be time well spent for in-house patent counsel concerned about departmental budgets, small business owners hoping to protect their patents internationally, and outside counsel seeking ways to better advise their clients. William Reid, Partner at Dilworth IP will be presenting a free webinar entitled Filing in the Fast Lane – Leveraging the Patent Prosecution Highway to Get You from “A” to “B” Quicker (and Cheaper!) on Wednesday, September 24th from 1pm – 2pm EDT. Read more to register…

USPTO Publishes Comments on Guidance for Patent Eligible Subject Matter

Back on March 4 the U.S. Patent and Trademark Office issued what has turned out to be a very controversial Guidance on patent eligible subject matter. This Guidance was issued in response to several high-profile Supreme Court decisions involving questions of patent eligibility under 35 U.S.C. § 101. The USPTO has since held a public forum and meeting on the Guidance, at which Dilworth IP’s own Dr. Anthony Sabatelli was invited to present, and also invited public comment. These comments, including those submitted by Dilworth IP, have now been published on a USPTO web page devoted to the Guidance.

Recent Trends in Fluid Catalytic Cracking Patents, Part IV: Cracking Catalysts

This is the fourth article in a review of recent patents in the area of Fluid Catalytic Cracking (FCC). The first article reviewed patents on catalyst additives, and demonstrated that relatively few patents had recently issued on FCC additives (e.g., gasoline sulfur reduction catalysts), likely reflecting the current use of gas oil hydrotreaters and naphtha hydrotreaters/desulphurizers, which reduce the need for such additives. The second article reviewed patents related to zeolites, and demonstrated that trends in this area reflected an emphasis on the mesoporosity of those zeolites. The third article reviewed patents on cyclones, and showed that patenting trends in this area appear to be primarily related to improvements in performance for conventional designs, consolidation of other reactor operations (stripping) to the cyclone, or design of separation systems usable in a variety of existing regenerator designs. The current article covers recent patents relating to cracking catalysts. There are relatively few of these patents, and not enough to designate any trends as a whole, although as mentioned previously there are patenting trends in the zeolite portion of the catalyst.

A Practitioner’s Approach to Working With the Alice Corp. Decision

A lot of commentary has followed in the wake of the Alice Corp. v CLS Bank decision. I think, for now, we can put aside the question of whether computer implemented inventions, i.e., software, are patent eligible and instead refocus our perspective, when drafting claims, on what the Court really sees as patent eligible in light of Alice Corp. and other Section 101 precedent.

With the Alice Corp. decision, the Court has brought its definition of an “abstract idea” into slightly sharper focus, especially when seen in the light of the other patent eligibility decisions preceding it. Alice found that software patents do not have a special test. The same test used for all other types of patents also applies to software and business method patents. I am sure opponents of software patents will continue to push their cause, but for now the main fight should shift away from whether software is patent eligible and instead focus on how specific an application needs to be claimed to be patent eligible.

US Patent Office Issues Instructions to Examiners in Light of Recent Alice Corp Decision

Last week I reported The Supreme Court unanimously decided that computer implemented business methods are not patent eligible subject matter. See Alice Corp Ruling Spells Trouble but There May Be a “Diamond” in the Rough for Business Method, Software, and Biotech Patents. Now, less than a week later the US Patent and Trademark Office (USPTO) has issued an instruction memorandum to its Patent Examining Corps for analyzing patent claims involving abstract ideas. See USPTO Preliminary Examination Instructions.

The Indefiniteness of Father’s Day Fun – Triton Tech of Texas v. Nintendo of America

In Triton Tech Of Texas, LLC v. Nintendo Of America, Inc.[1] the Federal Circuit affirmed a ruling by the United States District Court for the Western District of Washington that Triton’s U.S. Patent No. 5,181,181 (“’181 Patent”) was invalid for indefiniteness. The case revolved around the claims of the ‘181 Patent and the use of a Wii RemoteTM with a computer. The patent had claims reciting an input device that provided information to the computer about cursor movement much like a conventional mouse, except that the information provided by the ‘181 device was related to movement in three dimensions. The claimed input device included acceleration sensors, rotational rate sensors, an analog-to digital converter, buffer memory, and an “integrator means associated with said input device for integrating said acceleration signals over time to produce velocity signals for linear translation along each of … first, second and third axes.”[2]