PTAB to Rehear Ex Parte Baurin: Revisiting the Interplay of Obviousness-Type Double Patenting and Patent Term Adjustment After Cellect and Allergan
Key Takeaway: The PTO Director’s sua sponte rehearing of Ex parte Baurin raises questions regarding the scope of Allergan v. MSN, Examiners’ role in obviousness-type double patenting rejections, and the...
FAA Consolidates Commercial Space Launch and Reentry License Approvals
Key Takeaway: A new FAA rule simplifies licensing for space launch and reentry operations. Less red tape may speed innovation in space technologies, as well as the development of associated...
USPTO Director to Consider U.S. Manufacturing and Small Business Status When Instituting or Denying IPR and PGR Petitions
Key Takeaways Effective immediately, the USPTO will consider whether a patent challenger’s accused products or a patent owner’s products are manufactured in the United States as additional factors in the...
USPTO’s Supplemental Guidance on Design Patents for Computer-Generated Interfaces and Icons
Key Takeaway: The USPTO has revised its design patent guidance to better reflect evolving digital interface technologies, including projections and augmented or virtual reality environments. The updated guidance provides design...
Corresponding Structure for a Means-Plus-Function Limitation Need Only Perform the Claimed Function, Not Other Unclaimed Functions
Richard Gramm, et al. v. Deere & Company Before Lourie, Reyna, and Cunningham. Appeal from the United States District Court for the Southern District of Iowa Summary: Disclosure of an additional function...
Conflict of Interest Does Not Automatically Extinguish Attorney-Client Privilege
THE TRUSTEES OF COLUMBIA UNIVERSITY IN THE CITY OF NEW YORK v. GEN DIGITAL INC.; QUINN EMANUEL URQUHART & SULLIVAN, LLP Before Dyk, Prost, and Reyna. Appeal from the United...
Software Claims Failed Alice Step One Where Purported Improvements Were Not Claimed
TRUSTEES OF COLUMBIA UNIVERSITY v. GEN DIGITAL INC. Before Dyk, Prost, and Reyna. Appeal from the United States District Court for the Eastern District of Virginia. Summary: Software claims were directed...
IP Considerations Following FDA Announcement on Flexibility for Cell and Gene Therapies
Key Takeaways: Manufacturing processes of cell and gene therapies (CGTs) may remain fluid well into development and even after FDA approval, and therefore sponsors of CGTs may benefit from patent...
War in Iran Spotlights Innovation for Missile Interception Startups
Key Takeaways: The war in Iran is likely to accelerate innovation for defense technology companies. Innovation is particularly needed to develop low-cost missile interception technology. While established defense technology companies...
