SIPCO, LLC v. EMERSON ELECTRIC CO.

Before O’Malley, Reyna, and Chen. Appeal from the Patent Trial and Appeal Board.

Summary: The Board’s determination that a patent qualifies for CBM review is non-appealable under 35 U.S.C. § 324(e).

While most 2020 media election coverage focused on the races for President and control of Congress, privacy also had its day at the ballot box.

IN RE: GOOGLE TECHNOLOGY HOLDINGS LLC

Before Taranto, Chen, and Stoll. Appeal from the Patent Trial and Appeal Board.

Summary: Claim construction arguments are forfeited if not raised before the PTAB.

Following the November 3, 2020 general elections, Californians voted Proposition 24 into law, which will implement the California Privacy Rights Act (“CPRA”).

C R BARD INC. v. ANGIODYNAMICS, INC.
Before Reyna, Schall, and Stoll. Appeal from the United States District Court for the District of Delaware.

Summary: Claims that recited printed matter but arguably included an inventive concept beyond the printed matter itself were not patent-ineligible.

DONNER TECHNOLOGY, LLC v. PRO STAGE GEAR, LLC

Before Prost, Dyk, and Hughes. Appeal from the Patent Trial and Appeal Board.

Summary: A determination as to whether a reference is analogous art to a claimed invention requires, in part, an identification and comparison of the purposes or problems to which the reference and the invention relate, from the perspective of a person having ordinary skill in the art (“PHOSITA”).

New York state issued a new mandate requiring that all travelers test negative for the COVID-19 virus both before and after coming to the state. The mandate allows travelers to bypass the 14-day quarantine and requires that non-residents, and residents who leave the state for more than 24 hours, to have proof of a negative COVID-19 test within three days of travel, quarantine for three days, and get tested again on the fourth day. If both tests return negative results, the traveler is permitted to move freely in New York. New York residents who travel to another state for 24 hours or less must take a COVID-19 test within four days of arrival. Essential workers and New York residents returning from the neighboring states of New Jersey, Connecticut, Massachusetts and Pennsylvania are exempt from the new requirements.

VALEANT PHARMACEUTICALS v. MYLAN PHARMACEUTICALS

Before Newman, O’Malley, and Taranto. Appeal from the District Court of New Jersey

Summary: Venue in Hatch-Waxman cases is proper only in districts where actions related to the Abbreviated New Drug Application (“ANDA”) submission occur.

An amendment to the California Consumer Privacy Act (“CCPA”) was signed in September 2020. The CCPA regulates how large companies treat their customers’ personal information. However, the CCPA and healthcare information regulations, such as the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) do not always agree. The CCPA targets for-profit companies, so non-profit healthcare systems and hospital networks were not the focus of the law. However, many healthcare entities were still affected because they license data to pharmaceutical and medical device companies. This data is typically provided for research (not marketing) purposes and is therefore “de-identified” (anonymized or otherwise masked to preserve scientific value while preserving individual privacy).

CHEVRON U.S.A. INC. v. UNIVERSITY OF WYOMING RESEARCH

Before Newman, Lourie, and Schall. Appeal from Patent Trial and Appeal Board.

Summary: Intrinsic evidence is sufficient support for claim construction in an interference proceeding.