Recent Patent Transfers

Sandisk transferred a handful of patents and applications to newly formed company known as Sudek Technologies. The patents stem from the work of MusicGremlin – which was bought by Sandisk several years ago. How much would you pay for the following claim with a 2003 priority date? 1. An electronic device comprising: an interface through […]
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Ferring B.V. v. Watson Laboratories, Inc. (I) (Fed. Cir. 2014)

By Kevin E. Noonan — In the first of a pair of decisions issued last Friday, Ferring B.V. v. Watson Laboratories, Inc., the Federal Circuit affirmed a finding by the District Court that a generic company could moot ANDA litigation by amending its application to exclude practice of an infringing article. The case involved a generic form of Lysteda® (trans-4-(aminomethyl)cyclohexanecarboxylic acid, also called tranexemic acid), used to treat heavy menstrual bleeding. The drug was known in the prior art, but was also known to be associated with dosage-dependent gastrointestinal side effects. The Orange Book-listed patents-in-suit, U.S. Patent Nos. 7,947,739, 8,022,106,…
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Not Bingo

Planet Bingo got patents for a computer managing a game of bingo, starting
with parent

6,398,646. It assertion against VKGS lasted only until summary judgment,
where all claims were found patent ineligible under § 101. Like Alice
and Bilski, there is no bingo no more for patents claiming to “organize
human activity.” The courts consider that too abstract. Speaking of abstraction,
try this on for gibberish: “Abstract ideas may still be patent-eligible if they
contain an “‘inventive concept’ sufficient to ‘transform’ the claimed abstract
idea into a patent-eligible application.”" Sounds like organizing case law into
coherency ought to be patentable, as it would be novel. (CAFC


Read the full story here: Patent Prospector

Planet Bingo, LLC v. VKGS LLC (Fed. Cir. 2014)

By Michael Borella — Planet Bingo is the assignee of U.S. Patent Nos. 6,398,646 and 6,656,045, both directed to computer-implemented methods and systems for managing bingo games. Planet Bingo filed an infringement action in the United States District Court for the Western District of Michigan, alleging that VKGS infringed both patents. The District Court granted VKGS’s motion for summary judgment of non-infringement, on the grounds that the asserted claims fail to meet the patentable subject matter requirements of 35 U.S.C. § 101. Applying the plurality holding from the Federal Circuit’s en banc decision in CLS Bank v. Alice Corp., the…
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Guest Post: Myriad-Mayo Guidance — Consistency With International Harmonization and TRIPS

By Paul Cole* — Introduction It is strongly arguable that insofar as the USPTO’s Myriad-Mayo Guidance[1] dismisses as non-eligible newly isolated substances (including small molecules), nucleotide sequences and microorganisms having new utility (US parlance) or producing new technical effects (European parlance) it is in conflict with the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS)[2]. It is unsurprising that only 10 of the 83 comments published to date on the USPTO website[3] cover this issue. It is taken for granted within the profession that officially-issued regulations and guidelines will have been checked for compliance prior to issue. The mind-set…
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