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Rethinking enablement: Court grants cert in Amgen v. Sanofi

Patently-O

Sanofi , that rely on a lack of enablement to hold that functionally defined genus claims are invalid. It claims the genus of antibodies that bind to a? Over the past few years, the Federal Circuit has issued a series of enablement decisions, including Amgen v. The claim in Amgen illustrates this point.

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TTAB Affirms Genericness Refusal of "LETTERS & NUMBERS" for. Guess What?

The TTABlog

The Board affirmed a refusal to register the proposed mark LETTERS & NUMBERS (in standard character form) on the Supplemental Register, finding it to be generic for printed and electronic publications "in the field of educational and entertainment materials targeted to children on the topic of alphanumeric characters and symbols."

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Never Too Late: If you missed the IPKat last week!

The IPKat

A Kat in desperate need of a coffee GuestKat Gabriele Girardello shared with us the trends and topics covered at the “Pharma & Biotech Patent Litigation” conference in Amsterdam, which he attended on 14-16 March 2022. The decision was reported and commented on by our GuestKat Rose Hughes.

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Seeing Clearly: Article III Standing of IPR Judicial Review

Patently-O

Article III standing remains a hot topic at all levels of federal litigation and across many different areas of law. With surgery as the only viable course of treatment, Cloudbreak Therapeutics created a topical application of multikinase inhibitors to provide a non-surgical treatment to prevent recurring tumors, which is recognized in U.S.

Art 49
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TTAB Affirms Refusal to Register Handbag Shape: Generic and (Alternatively) Lacking Acquired Distinctiveness

The TTABlog

There was no dispute that the genus at issue is "handbags" and the relevant consumers are the general public - i.e, I blogged some thoughts on this topic a few years ago [ here ], although I did not include a discussion of "genericnes." Genericness may be thought of as a form of "failure-to-function" - ed. ]. Text Copyright John L.

Designs 52
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Supreme Court on Patent Law for October 2022

Patently-O

Topics: Enablement / Written Description (All three are biotech / pharma): 3 Cases; Infringement (FDA Labeling): 1 Case; Anticipation (On Sale Bar): 1 Case; Double Patenting (Still the law?) I have subjectively ordered the cases with the most important or most likely cases toward the top. It is a forest-tree situation.

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Patent Law at the Supreme Court February 2022

Patently-O

The Kessler Doctrine : If you want to really dig into this case, please read my article on the topic that I wrote for an Akron Law review IP symposium issue. The patent here claims a genus of monoclonal antibodies that the Federal Circuit lacked sufficient enabling disclosure. The petition asks two particular questions: 1.