Medtronic, Inc. v. Teleflex Life Sciences Ltd. (Fed. Cir. 2024)
Patent Docs » BioTech
by Patent Docs
2d ago
By Kevin E. Noonan -- Last week the Federal Circuit handed down a pair of non-precedential decisions affirming the Patent Trial and Appeal Board (PTAB) in inter partes review (IPR) proceedings. This post concerns the decision in Medtronic, Inc. v. Teleflex Life Sciences Ltd. The case arose in two IPR proceedings involving U.S. Patent No. 8,142,413, owned by Teleflex and related to methods for using a coaxial guide catheter in interventional cardiology procedures. Claims 1, 2, 4, 5, and 7-14 were challenged by Medtronic for being unpatentable for anticipation* or obviousness; claim 1 was consid ..read more
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The New York Times Response to Microsoft's Motion to Dismiss: An LLM Is Not a VCR
Patent Docs » BioTech
by Patent Docs
6d ago
By Joshua Rich -- As discussed in our earlier post, Microsoft opened its motion to dismiss portions of the New York Times's OpenAI case pled against it with an extended analogy to the Betamax case. It argued that the Times was acting like the Motion Picture Association of America in crying wolf over the death of its industry in light of the development of a new technology.[1] But no analogy is perfect, and the Times opened its opposition to the motion to dismiss by noting the distinctions between an LLM and a VCR. The Times's opposition starts with an unambiguous...     &nb ..read more
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The New York Times Calls Out OpenAI on Its Motion to Dismiss
Patent Docs » BioTech
by Patent Docs
1w ago
By Joshua Rich and Michael Borella -- Responding to the OpenAI brief that read more like a press release than a traditional motion to dismiss, the New York Times attacked OpenAI's approach from the very first sentence, calling the factual background of OpenAI's brief "grandstanding about issues on which it hasn't moved." The Times echoed the concern we raised in our post on OpenAI's motion to dismiss, that the motion "introduces no fewer than 19 extrinsic documents, none of which can be properly considered on a motion to dismiss, in a submission that for nearly 10 pages reads more like... &nbs ..read more
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Pfizer Inc. v. Sanofi Pasteur Inc. (Fed. Cir. 2024)
Patent Docs » BioTech
by Patent Docs
2w ago
By Kevin E. Noonan -- Last week, the Federal Circuit handed down its opinion in Pfizer Inc. v. Sanofi Pasteur Inc., affirming the Patent Trial and Appeal Board's (PTAB) determination that all claims of U.S. Patent No. 9,492,559 challenged in five inter partes review (IPR) proceedings were obvious. In light of the Office's promulgation of Guidance to the examining corps as well as PTAB judges of the "increased flexibility" in obviousness determinations mandated by the Supreme Court's decision in KSR v. Teleflex and the Federal Circuit's application of that mandate since the Court's decision, th ..read more
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FDA Approves Three Interchangeable Biosimilar Drugs in 2024
Patent Docs » BioTech
by Patent Docs
2w ago
By Kevin E. Noonan -- After taking most of a decade to approve its first interchangeable biosimilar (Semglee (insulin glargine-yfgn), the U.S. Food and Drug Administration has approved three interchangeable biosimilars since the beginning of this year. The first of these is simlandi (adalimumab-ryvk), approved on February 24th, made by Alvotech and Teva Pharmaceuticals, and interchangeable with Humira). The biosimilar, a TNF alpha inhibitor, was approved to be provided as a single-dose autoinjector delivering 40 mg/0.4 mL, for treating plaque psoriasis, Crohn's disease, ulcerative colitis, rhe ..read more
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Microsoft's Motion to Dismiss NY Times Lawsuit over ChatGPT: How is ChatGPT Like a VCR?
Patent Docs » BioTech
by Patent Docs
2w ago
By Joshua Rich and Michael Borella -- Like OpenAI before it, Microsoft has sought to dismiss portions of the lawsuit the New York Times has brought against it over ChatGPT. While raising some of the same arguments, Microsoft takes a more traditional path with its motion relying on the facts pled in the Times's complaint. However, it also relies on an extended analogy to the VCR (and the Supreme Court's "Betamax" decision) to suggest a framework for the court's analysis. Microsoft's brief opens with a "Preliminary Statement" about the Motion Picture Association of America's resistance to the VC ..read more
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OpenAI's Motion to Dismiss NY Times Lawsuit over ChatGPT: Do They Want to Win or Influence Public Opinion?
Patent Docs » BioTech
by Patent Docs
3w ago
By Joshua Rich and Michael Borella -- In response to the lawsuit the New York Times has filed against it, OpenAI has sought to dismiss portions of the complaint.[1] But instead of filing a traditional motion to dismiss that argues that the allegations of the complaint are insufficient to support legal liability, OpenAI went on the offensive. It sought to recast the case by including an extensive factual background that went far beyond -- and sometimes is incompatible with -- the allegations of the complaint. In short, the motion to dismiss seems more like an attempt to influence the public ..read more
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USPTO Publishes Updated Guidance for Making Proper Obviousness Determinations
Patent Docs » BioTech
by Patent Docs
3w ago
By Michael Borella -- On February 27, 2024, the U.S. Patent and Trademark Office published its Updated Guidance for Making a Proper Determination of Obviousness ("Guidance") in the Federal Register. The stated goal of the Guidance is: To provide a review of the flexible approach to determining obviousness that is required by KSR Int'l Co. v. Teleflex Inc. (KSR). The focus of this document is on post-KSR precedential cases of the United States Court of Appeals for the Federal Circuit (Federal Circuit), to provide further clarification for decision-makers on how the Supreme Court's directives sh ..read more
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Rethinking In re Cellect and Its Consequences
Patent Docs » BioTech
by Patent Docs
1M ago
By Kevin E. Noonan -- The Federal Circuit's In re Cellect decision has caused a great deal of commentary and proposals to avoid its consequences, including changing prosecution strategies and filing prospective, precautionary terminal disclaimers (see "Overcoming the Consequences of In re Cellect") to reimbue predictability regarding patent term to patent portfolio prosecution (as well as there being a pending certiorari petition before the Supreme Court). While understandable reactions, the reality (provided it is appreciated) may be much simpler: a proper understanding and resulting applicat ..read more
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The New York Times Case against OpenAI is Different. Here's Why.
Patent Docs » BioTech
by Patent Docs
1M ago
By Michael Borella -- On December 27, 2023, The New York Times Company ("The Times") sued several OpenAI entities and their stakeholder Microsoft ("OpenAI") in the Southern District of New York for copyright infringement, vicarious copyright infringement, contributory copyright infringement, violation of the Digital Millennium Copyright Act (DMCA), unfair competition, and trademark dilution (complaint). Unlike other high profile copyright actions brought against OpenAI (e.g., by the Author's Guild, Julian Sancton et al., Michael Chabon et al., Sarah Silverman et al., Paul Tremblay and Mona Awa ..read more
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