Bucking the Trend: Security Software Patent Net Yet Ruled Ineligible

Card Verification v. Citigroup (N.D. Ill. 2014) A growing number district court decision have followed the Supreme Court’s Alice Corp. decision by finding the asserted patent claims to be patent-ineligible as unduly encompassing an abstract idea. In one recent decision, N.D. Ill. Judge Kendall has tepidly bucked the trend by denying a Fed R. Civ. Proc. R. 12(b)(6) motion for failure […]
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The Patentee’s Risk of Multiple-Jeopardy

In Blonder-Tongue Labs., Inc. v. Univ. of Ill., 402 U.S. 313 (1971), the Supreme Court precluded a patentee from re-asserting a patent that had been found invalid in a separate suit.  Prior to that case, a patentee who lost on validity against one party was not generally precluded from asserting the same patent against another party. […]
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Conference & CLE Calendar

October 23, 2014 – “Making Sense of New Patent Litigation Alternatives” (ShareVault) – 11:00 am to 12:00 pm (Pacific Daylight Time) October 29, 2014 – “Demonstrating Patent Eligibility Post-Alice Corp. Decision — Navigating the Nuances and Leveraging Guidance From Federal Circuit and PTAB Opinions” (Strafford) – 1:00 to 2:30 pm (EDT) October 29-30, 2014 – Congress on PIV Litigation (Momentum) – Philadelphia, PA November 10-12, 2014 – 2014 Fall Intellectual Property Counsels Committee (IPCC) Conference (Biotechnology Industry Organization) – Nashville, TN November 20, 2014 – “PTAB Invalidity Proceedings — Lessons Learned in the First Two Years” (McDonnell Boehnen Hulbert &…
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Court Report

By Sherri Oslick — About Court Report: Each week we will report briefly on recently filed biotech and pharma cases. AstraZeneca Pharmaceuticals LP et al. v. Pharmadax USA, Inc. et al. 8:14-cv-01710; filed October 23, 2014 in the Central District of California • Plaintiffs: AstraZeneca Pharmaceuticals LP; AstraZeneca UK Ltd. • Defendants: Pharmadax USA, Inc.; Pharmadax Inc.; Pharmadax Guangzhou Inc. Infringement of U.S. Patent No. 5,948,437 (“Pharmaceutical Compositions Using Thiazepine,” issued September 7, 1999) following a Paragraph IV certification as part of Pharmadax’s filing of an ANDA to manufacture a generic version of AstraZeneca’s Seroquel® XR (quetiapine fumarate, used to…
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In Eco-mark Examination USPTO Getting into Anti-Greenwashing

A recent article in the the New York Law Journal caught my attention for an interesting development in examination of eco-mark applications in the U.S. Patent and Trademark Office (USPTO).  We’ve known for some time that marks containing terms such as “green,” “clean,” “eco-” or “enviro-” are very likely to be rejected as merely descriptive [...]
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