Analysis of patent litigation, PTAB practice, prosecution and pharma IP, written on the data behind LexDana.
Tagged medical devices · clear
Written by : J ason J. Jardine and Lizzy T. Do Key Takeaway: Amendments to Mexico’s Federal Law for Protection of Industrial Property align more with U.S. Patent and Trademark Office standards for restoring priority and application revival,…
Insulet Corp. v. EOFlow, Co. Ltd. Before Dyk , Prost, and Reyna. Appeal from the United States District Court for the District of Massachusetts. Summary : A trade secret misappropriation claim accrues when the plaintiff knew or should have known facts…
Written by : Ben K. Shiroma and Tyler S. Cox INTERNATIONAL MEDICAL DEVICES, INC. v. CORNELL Before Dyk , Reyna, and Taranto. Appeal from the United States District Court for the Central District of California Summary : The Federal Circuit held under CUTSA…
Written by : Jeremiah S. Helm, Ph.D. and Logan P. Young SHOCKWAVE MED., INC., V. CARDIOVASCULAR SYS., INC. Before Lourie , Dyk, and Cunningham. Appeal from the United States Patent and Trademark Office, Patent Trial and Appeal Board in No. IPR2019-00405.…
Written by : Daniel Kiang and Nefi R. Oliva COLIBRI HEART VALVE LLC v. MEDTRONIC COREVALVE, LLC Before Taranto , Hughes, and Stoll. Appeal from the United States District Court for the Central District of California. Summary: The Federal Circuit reversed a…
Written by : Eric L. Abada For the past decade, controversy regarding the laws of patent eligibility has created uncertainty in the minds of inventors and investors, especially in the biotechnology, medical diagnostics, and software industries adjacent to…
Written by : Christy Lea As the U.S. imposes sweeping new tariffs on over 180 countries and territories—including a baseline 10% rate and steep increases for China (originally 145%, now reduced to 30% for 90 days) and Taiwan (32%, now reduced to 10%…
Written by : Baiyu Zhu and Jacob R. Rosenbaum SAGE PRODUCTS, LLC v. STEWART [OPINION] Before Reyna, Cunningham, and Stark . Appeal from the United States Patent and Trademark Office, Patent Trial and Appeal Board. Summary : The Board did not abuse its…
Written by : Kelsey S. Weinman and Jacob R. Rosenbaum ALIVECOR, INC. v. APPLE INC. Before Hughes, Linn, and Stark . Appeal from Patent Trial and Appeal Board. Summary : A party in a PTAB proceeding forfeits the ability to challenge an opposing…
Written by : Ari Feinstein and Joseph Mallon, Ph.D. On October 11, 2024, Edwards [1] filed a petition for a writ of certiorari with the U.S. Supreme Court. [2] The question presented, as framed by Edwards, is: “Whether, under Hatch-Waxman’s…
Written by : Joseph Reisman, Ph.D. & Sophia Zahn As the FTC continues to crack down on pharmaceutical manufacturers’ allegedly improper listing of patents in the FDA Orange Book , counsel for Teva and Amneal presented oral arguments in the Court of…
Written by : Eric Wittgrove Medical device companies are often well versed in prosecuting multiple patents within a single “family.” Indeed, such families are often of significant value to early stage (and later stage) medical device companies.…
