Stem Cell Patent Survives Challenge Over Prior Art and Claim Construction

Restem, LLC v. Jadi Cell, LLC Authored by: Jeremy J. Gustrowsky In a recent decision, the Federal Circuit affirmed the validity of Jadi Cell, LLC’s U.S. Patent No. 9,803,176, which covers a method for obtaining stem cells from the subepithelial…

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Patent Board Affirms Rejection of DeepMind’s Machine Learning Patent Application, Citing Obviousness and Lack of Patent-Eligible Subject Matter

USPTO Authored by: Jeremy J. Gustrowsky A recent decision from the Patent Trial and Appeal Board (PTAB) highlights the challenges of patenting advances in artificial intelligence and machine learning. In the appeal concerning U.S. Patent Application No. 16/319,040, filed by…

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Understanding Patents: What Every Inventor Should Know

When it comes to patents, understanding what they protect is key for inventors and creators alike. The most common type, the utility patent, safeguards useful inventions. This could encompass a wide range of innovations, such as processes, machines, chemical compounds,…

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IPR Decisions Don’t Always Block Patent Claims in Court, Says Federal Circuit

Kroy IP Holdings, LLC v. Groupon, Inc Authored by: Jeremy J. Gustrowsky In the recent case of Kroy IP Holdings, LLC v. Groupon, Inc., the Federal Circuit addressed a key question in patent law: Does a decision by the Patent…

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Patent Owners Get a Win: Federal Circuit Limits Collateral Estoppel from PTAB Decisions

Kroy IP Holdings, LLC v. Groupon, Inc Authored by: Jeremy J. Gustrowsky In a significant decision for patent owners, the Federal Circuit recently clarified when a prior Patent Trial and Appeal Board (PTAB) decision can prevent a patentee from asserting…

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Plant-Based Albumin Patent Survives Import Challenge at the ITC

Wuhan Healthgen Biotechnology Corp. v. Int’l Trade Comm’n Authored by: Jeremy J. Gustrowsky In a recent decision, the Federal Circuit affirmed the International Trade Commission’s (ITC) finding that Wuhan Healthgen Biotechnology Corp. infringed Ventria Bioscience Inc.’s U.S. Patent No. 10,618,951,…

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Federal Circuit Clarifies “Comprising Tungsten” Means Elemental Tungsten—But Patent Still Obvious

HD Silicon Sols. LLC v. Microchip Tech. Inc Authored by: Jeremy J. Gustrowsky In a recent decision, the Federal Circuit addressed a key issue in the patent dispute between HD Silicon Solutions LLC and Microchip Technology Inc. over U.S. Patent…

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Patent Office Can Continue Reexams Even After IPRs and Patent Expiration, Court Says

In re Gesture Tech. Partners, LLC Authored by: Jeremy J. Gustrowsky A recent decision has clarified how patent challenges can proceed even after multiple rounds of review and the expiration of the patent itself. Gesture Technology Partners, LLC found itself…

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Navigating Patent Myths: Unlocking Your Business Potential

Common misconceptions about the patent system can really hold businesses back from seizing growth opportunities and securing their place in the market, especially when there’s fierce competition out there. One of the biggest myths? “If I patent it, I can…

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Published Patent Applications Can Be Used as Prior Art in IPRs—Even Before They’re Public

Lynk Labs, Inc. v. Samsung Elecs. Co Authored by: Jeremy J. Gustrowsky In a recent decision, the Federal Circuit clarified a key question for patent law: Can a published patent application be used as prior art in an inter partes…

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Federal Circuit Clarifies Written Description for Drug Combination Patents

Novartis Pharms. Corp. v. Torrent Pharma Inc. (In re Entresto (Sacubitril_Valsartan)) Authored by: Jeremy J. Gustrowsky A recent Federal Circuit decision has important implications for pharmaceutical patents covering drug combinations, especially when new forms of those combinations are discovered after…

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Patent Board Reversed: Motivation for Obviousness Doesn’t Have to Match Inventor’s Reason

Honeywell Int’l Inc. v. 3G Licensing, S.A. Authored by: Jeremy J. Gustrowsky In a recent decision, the Federal Circuit reversed the Patent Trial and Appeal Board’s (PTAB) finding that claims of U.S. Patent No. 7,319,718 were not obvious. The patent,…

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