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There is a scene in the Big Lebowski where the Dude complains about the lousy day he just had as he tosses down some snacks at a bowling alley bar.  In answer, the Stranger (played by Sam Elliot) offers the above advice as to the Dude’s existential situation.  It didn’t help.  One can almost imagine a similar response from Apple following the Federal Circuit’s decision in Personal Web Technologies, LLC, v. Apple, Inc., 2018-1599 (Fed. Cir. March 8, 2019), since it marked the second time in two years they had won at the Board, only to be disappointed at the Federal Circuit on the same patent, PWT’s 7,802,310 (‘310 Patent)[1].  While the Federal Circuit’s analysis in both cases was nominally different, the underlying theme in both was the need for a proper motivation-to-combine analysis.

Lead compound analysis (LCA) has been used in the evaluation of chemical compound Obviousness for the past 20 years.[1]  This approach supplemented the historic formulation of In re Dillon.[2]  While the Dillon analysis pivots about the structural similarity of the cited compound to that claimed and any motivation to make the claimed compound, LCA involves selection of a lead compound that is the most promising candidate for modification to improve its activity.  As such, it represents a somewhat more difficult standard than in Dillon.

The world’s five most valuable companies have $4.4 trillion missing from their balance sheets! While their collective value is more than $4.6 trillion, their balance sheets report just $228 billion in tangible assets. The missing 95% of value is in intangible assets – brands, software code, confidential information (including trade secrets), data and client lists.

Dilworth IP’s Benjamin Lehberger recently spoke at the Lawyer-Pilot Bar Association’s Winter 2019 Convention in Cocoa Beach, FL. Ben’s talk, entitled “Where are We Headed in Space? Charting the Industry’s Trajectory Through Patent Filings” showed how the patent landscape for space technology has changed dramatically over time. Despite NASA being the dominant filer for decades, Ben showed that the last 20 years of filings have been led by private firms. He also considered how the latest patents filings, on technologies such as artificial gravity and global internet access, give insight into what’s next in space.

This article was originally published in the the Greater Bridgeport Bar Association (GBBA) News Brief In January, the Supreme Court issued a ruling on how the commercial life of a new product can become fatal to the possibility of obtaining a patent on that product. This is a perennial issue […]

Forty years ago, people were dancing to Stayin Alive by the Bee Gee’s, munching on Reese’s Pieces for the first time, and watching John Travolta & Olivia Newton-John in Grease, and Jamie Lee Curtis in Halloween (the first one!).  A lucky few were playing Space Invaders on their Atari 2600, or DOS-based games on their Apple II computer; and the iPhone was not yet a glint in Steve Jobs’ eye.  Coincidentally, forty years ago the mark “GUILD INVESTMENT MANAGEMENT” (GIM) was being used by Guild Investment Management, Inc. for investment advisory services while the mark “GUILD MORTGAGE COMPANY” (GMC), owned by Guild Mortgage Company (Guild), was being used for mortgage banking services.[2]  Nevertheless, decades later an application for the GMC mark in International Class 36 was refused by the Examiner, who argued that there was a likelihood of confusion with the GIM mark because “the marks, nature of the services and trade channels were similar.”[3]  The Trademark Trial and Appeal Board agreed, despite finding that “consumers ‘may exercise a certain degree of care in investing money, if not perhaps in seeking a mortgage loan.’”[4]  Guild appealed to the Federal Circuit.

In Amerigen Pharmaceuticals Limited v. UCB Pharma GMBH, 2017-2596 (Fed. Cir. January 11, 2019), the Federal Circuit upheld the Board’s IPR finding that claims 1-5 and 21-24 of UCB’s U.S. Patent 6,868,650 were not obvious.[1]  The patent claims cover Toviaz® (Fesoterodine), an antimuscarinic drug to treat urinary incontinence.[2]  Judge Lourie included a remark […]

Recent data from NOAA, the National Oceanic and Atmospheric Administration, indicates that current atmospheric carbon dioxide (CO2) levels are at 409 ppm as of October 2018. This is a 36% increase from the highest historical CO2 level,1 and is increasingly being attributed to human activity, namely fossil fuel combustion in power generation, […]

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 websiteNovel Drug Approvals for 2018, we compiled data on the listed patents […]

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 […]