Patently-O

FEBRUARY 16, 2023

” The invention was not yet “ready for patenting” and therefore its public use was not disqualifying. .” ” The invention was not yet “ready for patenting” and therefore its public use was not disqualifying. It was also pitched to a potential acquirer. 3d 1243 (Fed. 3d 1376 (Fed.

Public Use 69

Public Use Invention Patent Business 69

Garrigues Blog

JANUARY 12, 2022

In an earlier blog, we discussed “prior public use” as grounds for opposing the grant of European patents (see here ). In addition, a third party’s use of an invention before its registration by another is also relevant to assess patent infringement.

Patent Infringement 52

Patent Infringement Invention Patent Patent Law 52

43(B)log

NOVEMBER 19, 2021

Neurelis received orphan drug designation from the FDA for its Valtoco for management of ARS in 2015. But Aquestive’s petitioning activity was protected conduct under the anti-SLAPP statute, and Neurelis didn’t show a likelihood of prevailing on the merits on that, including the malicious prosecution claim in its entirety.

Designs 56

Designs Design Patent Prosecution Art 56

Fish & Richardson Trademark & Copyright Thoughts

FEBRUARY 4, 2021

For the first time since FDA licensed the first biosimilar, Sandoz’s Zarxio ® (filgrastim-sndz), in 2015, the United States saw a decrease in annual biosimilar approvals in 2020. Figure 1, below, provides a snapshot of FDA approval and biosimilar product launch trends from 2015 through 2020. 2015; resubmitted Feb. March 6, 2015.

Settlement 52

Settlement Litigation Marketing Marketing 52

LexBlog IP

JULY 5, 2022

A novel design is entitled to a patent unless it is has been (1) described in a printed publication; (2) in public use; or (3) on sale more than one year prior to the date of the application of the patent. [9]. The essential elements of a design patent are that the new creation be “new, original and ornamental.”

Intellectual Property 52

Intellectual Property Design Patent Designs Design 52

LexBlog IP

JANUARY 5, 2022

973,] 980 [(2015) ]; [Pascal] Chapdelaine, [The Property Attributes of Copyright,] 10 Buff. See, e.g., Mazzone, Jason, Copyright Easements, 50 Akron Law Review 725 (2015) ; Karl Kowallis, Treating Fair Use as an Easement on Intellectual Property, 2018 BYU L. Nation Enters., 539, 546, 105 S.Ct. 2218, 85 L.Ed.2d at 1011, 104 S.Ct.

Intellectual Property 52

Intellectual Property Government Invention Copyright 52

Above the Fold

JULY 5, 2022

A novel design is entitled to a patent unless it is has been (1) described in a printed publication; (2) in public use; or (3) on sale more than one year prior to the date of the application of the patent. [9]. The essential elements of a design patent are that the new creation be “new, original and ornamental.” [8].

Intellectual Property 40

Intellectual Property Design Patent Designs Design 40