Article

Invention by "Another": Duncan Parking Technologies, Inc. v. IPS Group, Inc., Appeal No. 2018-1205, -1360 (Fed. Cir. Jan. 31, 2019)

IPS Group Inc. ("IPS") appealed from two decisions of the United States District Court for the Southern District of California granting summary judgment of non-infringement of U.S. Patents 8,595,054 and 7,854,310. Duncan Parking Technologies Inc. ("DPT") appealed from a related decision of the Patent Trial and Appeal Board ("the Board") in an inter partes review holding that claims 1–5 and 7–10 of the '310 patent were not shown to be unpatentable as anticipated under 35 U.S.C. § 102(e).

PTAB Precedential Opinion Panel Clarifies Issue Joinder Under 35 U.S.C. § 315(c)

In the first case to be taken up by the PTAB's Precedential Opinion Panel (POP), Director Iancu, Commissioner Hirshfeld, and then Acting Chief Judge Boalick (now appointed) have determined that, under appropriate and limited circumstances, a petitioner may join its own previously-instituted IPR to request joinder and institution of new issues.

Sameer Gokhale featured in The Journal of Robotics, Artificial Intelligence & Law

Sameer Gokhale wrote an article for the Journal of Robotics, Artificial Intelligence and Law entitled: "Patent Issues for AI and Factory Automation Inventions."

The Journal of Robotics, Artificial Intelligence & Law (RAIL) - Vol 2, No.3

Biologic Patent Transparency Act - New Bill Aimed at Biologics

A bipartisan group of senators sponsored a bill this week—the Biologic Patent Transparency Act, S. 659—aimed at making patent information associated with biologics easier to identify and easing the approval process for biosimilar manufacturers encountering patent roadblocks.

Motions to Amend: Is the PTAB's Lectrosonics Order Just of Western Digital?

Spring gardening season has begun and the USPTO is once again planting its Motion to Amend ("MTA") seeds. In a substantial redux of Western Digital Corporation v. Spex Technologies, IPR2018-00082, -00084, paper 13, the PTAB this past week designated paper 15 of Lectrosonics v. Zaxcom, IPR2018-01129, 01130("Lectrosonics Order") as an informative decision.

US Perspectives: In US, No Remedies For Growing IP Infringments

Brian Darville is quoted in an Intellectual Property Watch article entitled: "US Perspectives: In US, No Remedies For Growing IP Infringements."

Intellectual Property Watch

Onyx v. Cipla: Companies Beware - What Your Patent Agent Tells You May Not Be Privileged

In an order last month, the Delaware district court ruled that some communications involving Onyx's patent agent were not privileged and must be produced to Cipla. The court's order highlights potential pitfalls when relying upon advice solely from patent agents.

The Federal Circuit Stays the Course in Patent Ineligibility for an Abstract Idea

In a precedential opinion issued on February 26, 2019, the Federal Circuit affirmed the District Court's finding of patent ineligibility for a claim "directed to the abstract idea of "collecting, analyzing, manipulating, and displaying data."" University of Florida Research Foundation Inc. v General Electric Company et al (Fed. Cir. 2019).

Total Compliance with Bayh-Dole Assignments Must be Goal

Jeffrey McIntyre Featured in Technology Transfer Tactics on Compliance with Bayh-Dole Assignments

Technology Transfer Tactics - February Issue

No More IPRs From Generic Drug Makers?

The USPTO argues that a petitioner who has received a favorable final written decision in an IPR is estopped from reusing the same winning argument in a district court.