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Strafford will be offering a webinar entitled "Structuring Freedom to Operate Opinions: Reducing Risk of Patent Infringement -- Combating Troubling FTO Results, Overcoming Potential Roadblocks, Addressing Impact of Post-Grant Process on FTO Opinions" on July 31, 2018 from 1:00 to 2:30 pm (EDT). Doris Johnson Hines of Finnegan Henderson Farabow Garrett & Dunner and Laura A. Labeots of Husch Blackwell will guide patent counsel preparing freedom to operate (FTO) opinions for companies developing new products, and outline best practices for drafting FTO opinions to reduce infringement risks. The webinar will review the following issues: • What are best practices for...
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The U.S. Patent and Trademark Office will be holding a Semiconductor Customer Partnership Meeting from 8:30 am to 3:00 pm (ET) on July 26, 2018 at the USPTO headquarters in Alexandria, VA. The semiconductor workgroup examines solid-state devices and manufacturing processes, memory storage and retrieval, and lasers technologies. The Customer Partnership Meeting will address the following topics: • Appeal and pre-appeal processes -- SPE Alex Sofocleous and TQAS Darren Schuberg • Certainty in search and CPC -- SPE Brett Feeney • Interview tools and process -- SPE William Kraig • TC2800 quality with MQAS Brian Sircus and Supervisory RQAS and...
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Strafford will be offering a webinar entitled "Hatch-Waxman Litigation and 30-Month Stays: Multiple Stays, Late-Listed Patents, and More" on August 9, 2018 from 1:00 to 2:30 pm (EDT). Shana K. Cyr and Barbara R. Rudolph of Finnegan Henderson Farabow Garrett & Dunner will guide patent counsel on the 30-month stay in Hatch-Waxman Act litigation, discuss the circumstances where the FDA will grant a stay -- and those where it will not, and the panel will discuss when a stay may extend beyond 30 months and when it may be shortened. The webinar will review the following issues: • Can a...
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By Michael Hinrichsen*, Anthony D. Sabatelli**, and Jonathan Schuchardt*** -- Buried amidst the flurry of recent Federal Circuit subject matter eligibility decisions is a question that could significantly change how Section 101 is applied in patent litigation. Specifically, the issue is whether performing Step 2 of the Mayo/Alice test can require a factual inquiry. If upheld, this interpretation of Alice could make patent litigation much more complicated and expensive. In fact, Section 101 inquiries could become convoluted mini-trials in their own right -- similar to how Markman hearings are performed today. Determining whether a patent covers an ineligible concept requires...
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Storage Units Do Not Satisfy Second Prong of Cray Test for Establishing "Regular and Established Place of Business" By Donald Zuhn -- Earlier this year, in CDX Diagnostic, Inc. v. United States Endoscopy Group, Inc., District Judge Nelson S. Roman of the U.S. District Court for the Southern District of New York granted a Motion to Dismiss for Improper Venue pursuant to Federal Rule of Civil Procedure 12(b)(3) filed by Defendants United States Endoscopy Group, Inc. ("Defendant") and John Does 1-30. In its Motion, Defendant argued that the patent infringement action filed by Plaintiffs CDx Diagnostic, Inc.; Shared Medical Resources,...
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Plaintiffs Litigation Position on Defendant's Equitable Estoppel Defense Not Objectively Unreasonable By Donald Zuhn -- Last month, in Akeso Health Sciences, LLC v. Designs for Health, Inc., District Judge S. James Otero of the U.S. District Court for the Central District of California denied a Motion for Exceptional Case Determination and Award of Attorneys' Fees filed by Defendant Designs for Health, Inc. ("DFH"). In its Motion, DFH argued that the case should be deemed "exceptional" within the meaning of 35 U.S.C. § 285, and that DFH should therefore be awarded attorneys' fees. Akeso had filed suit against DFH for infringement...
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By Bryan Helwig -- About Court Report: Each week we will report briefly on recently filed biotech and pharma cases, and a few interesting cases will be selected for periodic monitoring. Celgene Corp. v. Synthon Pharmaceuticals, Inc. 2:18-cv-10775; filed June 19, 2018 in the District of New Jersey (Newark) • Plaintiffs: Celgene Corp. • Defendants: Alvogen Pine Brook, LLC; Synthon BV; Synthon Pharmaceuticals, Inc.; and Synthon S.R.O Claim: Infringement of U.S. Patent Nos.: • 8,198,262: ″Methods for treating multiple myeloma using 4-(amino)-2-(2,6-dioxo(3-piperidyl))-isoindoline-1,3-dione″ • 8,673,939: ″Methods for treating multiple myeloma with 4-(amino)-2-(2,6-dioxo(3-piperidyl))-isoindoline-1,3-dione″ • 8,735,428: ″Methods for treating multiple myeloma with 4-(amino)-2-(2,6-dioxo(3-piperidyl))-isoindoline-1,3-dione″...
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July 17, 2018 - "Drafting and Defending Software Patents to Survive Section 101 and AIA Challenges -- Anticipating and Minimizing the Risk of 101, 103 Rejections, Recent Court Guidance" (Strafford) - 1:00 to 2:30 pm (EDT) July 17, 2018 - Technology Center (TC) 2600 Customer Partnership Meeting (Rocky Mountain Regional Office, U.S. Patent and Trademark Office) - 8:15 am to 3:00 pm (MT), Denver, CO July 17, 2018 - "Biotech/pharma subject-matter -- Patentability at the EPO and how to avoid pitfalls for US based applicants" (Oppedahl Patent Law Firm LLC) - 7:30 to 9:30 am (MT) July 17, 2018 -...
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The Intellectual Property Owners Association (IPO) will offer a one-hour webinar entitled "An Update on the On-Sale Bar: Helsinn at the Supreme Court" on July 19, 2018 from 2:00 to 3:00 pm (ET). John Duffy of the University of Virginia, Jennifer Johnson of DuPont, and Christopher Loh of Fitzpatrick, Cella, Harper & Scinto will review the current status quo after two significant Federal Circuit decisions in recent years on the on-sale and public use bars, Merck & CIE v. Watson Labs and The Medicines Co. v. Hospira. The panel will also consider what questions may remain unanswered after Helsinn v....
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Strafford will be offering a webinar entitled "Proving and Avoiding Inequitable Conduct and Unclean Hands in Patent Prosecution and Litigation" on July 24, 2018 from 1:00 to 2:30 pm (EDT). Paul W. Browning, Thomas L. Irving, and Amanda K. Murphy will guide patent counsel on understanding the types of activity that may lead to a finding of inequitable conduct or unclean hands, provide insights into practical tactics to avoid the risk of a court's ruling of inequitable conduct or unclean hands, and also examine arguments that have worked to avoid a finding of inequitable conduct or unclean hands and those...
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