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The Patent Chronicle

in Sci-IP by

 June 13, 2017: Your weekly dose from the world of patents. The Patent Chronicle is led by Syam Anand, who has been at the core of CSG’s development and an entrepreneur himself. This section is your go to destination every week for a capsule dose on the hottest happenings in the patent world. Syam has clinically dissected out every news on the decision, the background and the impact. He is also in the process of building his scicomm team for this section. If you would like to come aboard, mail him at syam.anand@sciwri.club

via GIPHY

 

USPTO director quits

Decision: Michelle Lee, director of USPTO for since 2015 submitted her resignation.

Reason: There appeared to be a disconnect between Obama-appointed Lee and the Trump administration.

Impact: Ms. Lee, had brought about many reforms in USPTO, the most prominent of which was the effectiveness with which USPTO invalidated of low quality patents. As many as one in four patents ended got invalidated in the USPTO through post-grant review processes in the PTAB. Lee had the overwhelming support of technology companies as a result of the reforms under her direction that impacted patent quality in a good way. Following Lee’s resignation, Joseph Matal was appointed acting USPTO director. Matal was the principal staff drafter of the America Invents Act. He held the Associate Solicitor position at the USPTO before being appointed the acting Director. If confirmed for the top position at the USPTO, he is a well accomplished and well poised to head USPTO.

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Disney wants to block home 3D printing of trademarked figurines

Decision: Disney is seeking to patent technology that will block 3D printing of its trademarked figures such as Mickey mouse and Elsa by individuals.

Reason: Currently scanning and home 3D printing of Disney figurines cannot be prevented although Disney strictly enforces its IP rights wherever it can.

Impact: The technology as described appears to be dependent on incorporation of certain materials that will prevent scanning of the figurines. Therefore, its usefulness will be very limited on figurines that are already out there. However, scanning and printing of future Disney figurines could certainly be prevented by such technology.

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Religion bound to impact certain patents in India

Background: The current administration in India has enacted a ban on sale of cattle for slaughter. It has affected sale and transport of cattle within and across state boundaries. The ruling party holds that cow is a holy animal for Hindus. Many people who are in the cattle, farm and meat trade have been hurt and many lives lost at the hands of religious mobs and armies formed to protect cows.

Affected technology: Pending patents that cover improved and more humane methods to slaughter animals. Although the claims in these patents do not specifically mention cows, the interpretation is inclusive of cows.
Impact: Depends on how broad the ban on animal slaughter will become in the near future. If it is restricted to cattle, specifically cows, modifying claims to exclude cows will help the pending applications get around the barrier.

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Regeneron vs Amgen anti-cholesterol drug patent war

Decision: Pending at the federal appeals court.
Background: Amgen Inc. requested the court to block Sanofi and Regeneron’s sale of anti-cholesterol drug, Praluent, on patent infringement grounds. Sanofi and Regeneron on the other hand are attempting to invalidate Amgen’s patents that cover PCSK9 inhibitors, on the grounds that they improperly claim a broad monopoly. Amgen enjoyed a jury-awarded injunction on the sale of Praluent for 12 years until Sanofi and Regeneron’s appeal.
Impact: Questions raised by the court and arguments presented so far appear to hint that the court may side with Sanofi and Regeneron. Irrespective of which party wins, Sanofi and Regeneron will be the real winners in the case as the damages for lost-profits and continuing infringement will be only a tiny fraction of Sanofi’s profits from sale of Praluent. This is because Amgen’s cholesterol drug Repatha serves a different patient population. Sanofi earns around 100 million USD annually from Praulent sales. A worrying aspect of injunctions against drug manufacturers is their adverse impact on gathering information on the effects of these drugs on true end points (cardiovascular events in this case) versus surrogate endpoints (lowering LDL cholesterol in this case). The PCSK9 drugs were approved on the basis of a surrogate endpoint on the condition that their sponsors continue studying their true endpoints.

Read more here and here

 

Infographically speaking…..

 

The Disney Empire

From Visually. (Click on the infographic for enlarged image)

  • See more at: https://visual.ly/community/infographic/entertainment/disney-empire#sthash.TufgFoFE.dpuf

Proprietary Humor:

Source: Mimi and Eunice

About the author:

Syam

Authored by Dr Syam Anand, PhD (Indian Institute of Science, IISc; Post-Doctoral research, University of Pittsburgh School of Medicine; Faculty, University of Pittsburgh School of Medicine, Founder and US Patent Agent, Mainline Intellectual Property LLC, Ardmore, Philadelphia USA). Syam has over 20 years experience in diverse areas of Science with domain knowledge in Life Sciences and Intellectual Property. Dr. Anand is also an inventor and budding entrepreneur. A rationalist, Dr. Anand enjoys science at all levels and advocates the use of scientific methods for answering all questions and solving all problems and make common people curious and interested in understanding their worlds.

https://www.linkedin.com/in/syamprasadanand

Feature image source: Pixabay

Blog design: Abhinav Dey

Creative Commons License
This work by ClubSciWri is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License.

 

The Patent Chronicle

in Sci-IP by

June 6, 2017: Your weekly dose from the world of patents. The Patent Chronicle is led by Syam Anand, who has been at the core of CSG’s development and an entrepreneur himself. This section is your go to destination every week for a capsule dose on the hottest happenings in the patent world. Syam has clinically dissected out every news on the decision, the background and the impact. He is also in the process of building his scicomm team for this section. If you would like to come aboard, mail him at syam.anand@sciwri.club

via GIPHY

 

 

US Supreme Court interprets reselling in light of “patent exhaustion”

Decision: In a case involving Lexmark ‘s printer cartridges, the US Supreme Court ruled that Lexmark could not use the patent laws to enforce the contractual conditions it placed on the sale of cartridges. The ruling added that under the doctrine of “patent exhaustion”, once a patent holder sells an item, it could no longer control the item through the patent laws.

Reason: Lexmark had approached the court for infringement by Impression Products, over refilling and reselling of its cartridges after they are empty. Lexmark sold the cartridges under the condition that they may not be reused after the ink ran out. Impression products did just that after procuring empty Lexmark cartridges.

Impact: Since the court made it clear in their ruling that users of patented products can do what they wish with purchased items after without fear of infringement, this opens doors for businesses to engage in refurbishing and reuse of patented products without fearing infringement suits. It is good news for consumers and for the environment and bad news for patent holders as this would clearly extend the life of products beyond what they had contemplated directly affecting market shares.

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Shire survives Inter Partes Review of its patent by amending claims

Decision: USPTO’s PTAB granted Shire a motion to amend its claims in an Inter Partes Review (IPR) at the board brought by Amerigen.

Reason: Amerigen had initiated the proceeding and also requested the Board to not allow Shire’s motion to amend on the grounds that Shire failed to demonstrate the patentability of a proposed substitute claim. PTAB reasoning, based on claim construction and dependency of a multiple dependent claim, was that the trial was restricted to one of the dependencies of the multiple dependent claim and removing one of the dependencies of the multiple dependent claim made the remaining claims patentable.

Impact: This is a rare case in which the PTAB allowed a motion to amend without asking the party to demonstrate the patentability of the proposed substitute claim based on Idle Free decision, which is on the list of Representative Orders, Decisions, and Notices from PTAB. The uniqueness of the decision was dependent largely on claim construction, claim dependency and as well as nature of the request for IPR, clearly something that patent agents and patent attorneys will depend on in future, instead of relying entirely on the Idle Free precedent.

Read more in http://www.natlawreview.com/article/patent-owner-extinguishes-ipr-amending-claims

International Trade Commission may punish Garmin in infringement

Decision: In an Initial Early Determination (IED), an ITC judge recommended that Garmin pay 37 million dollars to Navico.

Reason: Garmin ignored a previous cease and desist order from ITC on a case involving infringement of Navico’s patent.

Impact: If the recommendation is followed through, Garmin ends up paying the huge fine for not following ITC order to cease and desist. The EID also contents that Garmin’s “design-around” innovation to the infringed technology also infringes Navico’s patent on Sonar Technology. Navico will clearly gain an upper hand in the technology if the recommendations make it into the final ruling.

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A video comparing the technologies can be accessed at

 

Japan leads in international patent filings

Source: A WIPO report that analyzed the addresses of inventors in close a million PCT applications filed between 2011 and 2015.
Findings: The Japanese cluster had more than double the number of applications compared to the Chinese cluster that came second. US stood third and the number of applications was nearly a third of that of the Japanese cluster, putting Japan in a clear lead.

Follow through: WIPO regularly publishes Global Innovation Indices. The next one is due on June 15th.

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Infographically Speaking…

Inventing Across Borders

Click on the infographic for enlarged image (Source Visually)

 

Proprietary Humor

Source: Mimi and Eunice

 

About the author:

Syam

Authored by Dr Syam Anand, PhD (Indian Institute of Science, IISc; Post-Doctoral research, University of Pittsburgh School of Medicine; Faculty, University of Pittsburgh School of Medicine, Founder and US Patent Agent, Mainline Intellectual Property LLC, Ardmore, Philadelphia USA). Syam has over 20 years experience in diverse areas of Science with domain knowledge in Life Sciences and Intellectual Property. Dr. Anand is also an inventor and budding entrepreneur. A rationalist, Dr. Anand enjoys science at all levels and advocates the use of scientific methods for answering all questions and solving all problems and make common people curious and interested in understanding their worlds.

https://www.linkedin.com/in/syamprasadanand

Feature image source: Wikimedia Commons

Blog design: Abhinav Dey

Creative Commons License
This work by ClubSciWri is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License.

 

 

 

 

The Patent Chronicle

in Sci-IP by

May 23, 2017: Your weekly dose from the world of patents. The Patent Chronicle is led by Syam Anand, who has been at the core of CSG’s development and an entrepreneur himself. This section is your go to destination every week for a capsule dose on the hottest happenings in the patent world. Syam has clinically dissected out every news on the decision, the background and the impact. He is also in the process of building his scicomm team for this section. If you would like to come aboard, mail him at syam.anand@sciwri.club

So let’s light up our patent awareness for the week!

via GIPHY

Strict limits on patent litigation venues in future

Decision: The US Supreme Court ruled unanimously in favor of TC Heartland in the case against Heinz preventing Heinz from litigating in Delaware.

Reason: The practice of selecting friendly favorable venues was an irritant for majority of patent owners. The court had realized the far-reaching consequences of the case and taken pains to carefully weigh the facts before delivering it’s ruling.

Impact: The case was high profile and closely followed by everyone. Suing for infringement in friendly and favorable venues such as Delaware and the Eastern District of Texas will be impacted in light of this ruling. It is a big win against Trolls favor the two venues.

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Aurobindo Pharma secures unusual injunctive relief against Mylan

Decision: The Federal circuit granted injunctive relief for Aurobindo in the infringement case brought against it by Mylan on Isosulfan Blue (IB).
Reason: The court felt that Aurobindo is likely to prevail on merits, will likely suffer irreparable harm in the absence of such relief, the balance of equities favor it, and it is in public interest.
Impact: The bigger impact of the ruling comes from the test that was applied by the court to provide relief. Instead of a function-way-result test (product performing substantially the same function in substantially the same way to obtain the same result), the court used the insubstantial differences test (accused product or process is substantially different from the patented one) stating that is more appropriate for chemical arts. The ruling could be a trendsetter giving as much importance to the process as the product. This could bode well for the chemical arts. The relief provided for Aurobindo is a motivation for others interested parties also to strategize their assets.

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SC to weigh in on Inter Partes Review practice

Decision: The US supreme court decided to take up a case that will review whether USPTO’s PTAB should issue written decisions on all of the claims challenged by a third party in Inter Partes Reviews or just on the claims PTAB chose to review.

Reason: The PTAB usually grants a review based on merits of the likelihood that the petitioner would prevail with respect to at least one claim. In the process, not all the claims are necessarily chosen for review. In scenarios where the petitioner successfully gets the PTAB to invalidate some of the claims in a patent under review, the PTAB issues written decisions only on those that were reviewed in the procedure.

Impact: If it is ruled that PTAB should issue written decisions on all the claims in the contested patent, it will put additional burden on the Board. For the petitioner the written decisions on all the claims will be a useful resource if the Board’s decision is questioned later in the court by the patent owner.

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Abbvie’s Humira patent invalidated

Decision: USPTO’s PTAB invalidated Abbvie’s key Humira patent.

Reason: Coherus Biosciences had approached PTAB for invalidating a key patent that covers Humira.

Impact: The patent was set to expire in 2022. Humira brings in multibillion dollars to Abbvie. The impact of the ruling was immediate as the stocks of Abbvie dived and Coherus gained. Coherus is coming up with biosimilars to the Humira. In light of the ruling, they can use the same drug regimen for treatments. Abbvie has other patents that protect the formulations till 2022. Coherus will have to figure out a strategy to deal with the remaining patents that survived while marketing their biosimilar. Needless to say, there are others also wanting to cash in on this turn of events.

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Infographically Speaking…..

The State of the Pharmaceutical Industry

From Visually.

 

Proprietary Humor From Mimi and Eunice

About the author:

Syam

Authored by Dr Syam Anand, PhD (Indian Institute of Science, IISc; Post-Doctoral research, University of Pittsburgh School of Medicine; Faculty, University of Pittsburgh School of Medicine, Founder and US Patent Agent, Mainline Intellectual Property LLC, Ardmore, Philadelphia USA). Syam has over 20 years experience in diverse areas of Science with domain knowledge in Life Sciences and Intellectual Property. Dr. Anand is also an inventor and budding entrepreneur. A rationalist, Dr. Anand enjoys science at all levels and advocates the use of scientific methods for answering all questions and solving all problems and make common people curious and interested in understanding their worlds.

https://www.linkedin.com/in/syamprasadanand

Feature image source: Wikimedia Commons

Blog design: Abhinav Dey

Creative Commons License
This work by ClubSciWri is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License.

The Patent Chronicle

in Sci-IP by

(May 16, 2017) Your weekly dose from the world of patents. The Patent Chronicle is led by Syam Anand, who has been at the core of CSG’s development and an entrepreneur himself. This section is your go to destination every week for a capsule dose on the hottest happenings in the patent world. Syam has clinically dissected out every news on the decision, the background and the impact. He is also in the process of building his scicomm team for this section. If you would like to come aboard, mail him at syam.anand@sciwri.club

 

Bounty on Trolls

Decision: Tech firm Cloudware announced bounties (20,000$ and 50,000$) for invalidating patents owned by Blackbird, a company formed by lawyers that files law suits against tech and retail firms.

Reason: Blackbird sued Cloudware for one of the patents they own. Couldware was convinced that Blackbird was behaving like a patent troll. Therefore they decided to announce a bounty, not just on the Blackbird patent that is the basis of the law suit against them, but for every patent Blackbird lists on their website.

Impact: Patent invalidation in courts and in the USPTO is common. Usually any prior art that discloses the crux of the invention before the priority date of the patent is sufficient to get a patent invalidated. The bounty on Blackbird patents could attract prior art search experts to hunt for information that has the potential to invalidate Blackbird patents. It gives more bangs for buck for all parties except Trolls.

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Pittsburgh’s Renovacare patent challenged in USPTO

Decision: Avita, an Australian firm successfully filed an inter partes review in the USPTO seeking to invalidate Renovocare’s US Patent No. 9,610,430.

Reason: Avita believes that USPTO should never have granted the patent in the first place, in light of Avita’s patent.

Impact: Inter partes review is a post grant challenge mechanism at the USPTO that banks on prior art that are patents and publications while seeking to invalidate a granted US patent. USPTO’s PTAB will review the challenge. US patent 9,610,430 discloses and claims a “Device for cell spraying, manufacturing of the device, method for spraying with the device and a cell suspension sprayed with the device”. According to Renovocare’s description, the device can be successfully used to spray a patient’s own stem cells onto burns and wounds for rapid self-healing. The device patent has a term till 2035. It is doubtful whether Avita’s patent will be valid prior art for Renovacare’s device.

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Post-doc sues Professor for patent royalties

Decision: An ex-Harvard University post-doctoral scholar sued his mentor for patent royalties on CortistatinA patent, that fetched millions in royalties.
Reason: The professor had excluded the researcher. It is alleged that he was assured of inclusion in the patent and was the only one working on the project when it was initiated.
Impact: Definitions for inventorship in a patent application or patent and authorship in an academic publication are different. Anyone contributing to the concept of an invention that is claimed in a patent has the right to be an inventor. If evidence indicates that the researcher contributed to the concept and not merely worked on the project, he could win the right to the royalties on the patent.

 

 

2017 Revision of Chinese Patent Office guidelines

Decision: Chinese Patent Office published revised guidelines for examining patent applications in chemical, business-method and computer-implemented areas.

Reason: The Chinese Patent Office had made several amendments to their patent law and sought discussions before finalizing them. At the conclusion of these discussions, many revisions were finalized that would have a lasting impact on access to patent filing data, consideration of supplemental information during examination, invalidation procedures, and patentable subject matter.
Impact: The impact of the changes will be huge especially for three areas. The subject areas and key amendments are listed in the source provided in the link. In Biotech/Chem, “examiners are explicitly permitted to consider supplemental experimental data submitted by the applicant during prosecution when arguing against a lack of sufficient disclosure rejection”, if they meet certain criteria. Business methods are no longer considered “mental activity” that are not patent eligible, if they meet certain criteria. In Software, computer softwares are now patent eligible if they meet certain criteria.


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JD Supra’s PTAB reports on Life Science Patents

Importance: The validity of granted US patents may be questioned both in the USPTO and in the US court system. Many cases are taken up through post-grant challenge procedures available at the USPTO. Life Science and Pharma being an important financial/innovation sector, it will be great to have a handle on such activities available on a periodical basis, especially for people who are employed or invested directly or indirectly in that sector.
Impact: The PTAB reports on Life Science Patents from JD Supra appears be a worthwhile place for investors and consultants to understand the risks and nature of Patent proceedings and which companies are good at taking care of their IP and which companies have their IP rights being questioned. It may hint at emerging trends and chances of some patents getting invalidated over others. Added attraction- it is free.

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About the author:

Syam

Authored by Dr Syam Anand, PhD (Indian Institute of Science, IISc; Post-Doctoral research, University of Pittsburgh School of Medicine; Faculty, University of Pittsburgh School of Medicine, Founder and US Patent Agent, Mainline Intellectual Property LLC, Ardmore, Philadelphia USA). Syam has over 20 years experience in diverse areas of Science with domain knowledge in Life Sciences and Intellectual Property. Dr. Anand is also an inventor and budding entrepreneur. A rationalist, Dr. Anand enjoys science at all levels and advocates the use of scientific methods for answering all questions and solving all problems and make common people curious and interested in understanding their worlds.

https://www.linkedin.com/in/syamprasadanand

Feature image source

Blog design: Abhinav Dey

Creative Commons License
This work by ClubSciWri is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License.

 

The Patent Chronicle

in Sci-IP by

What you do not know about patents

(May 08, 2017) Your weekly dose from the world of patents. The Patent Chronicle is led by Syam Anand, who has been at the core of CSG’s development and an entrepreneur himself. This section is your go to destination every week for a capsule dose on the hottest happenings in the patent world. Syam has clinically dissected out every news on the decision, the background and the impact. He is also in the process of building his scicomm team for this section. If you would like to come aboard, mail him at syam.anand@sciwri.club

 

Section 1498 threat to Gilead Hepatitis C medicine

Decision: The state of Louisiana is planning to use a Federal Law that goes back to 1910 that allows government regulators to appropriate inventions and use the products for public good.

Reason: Antivirals for Hepatitis C such as Sovaldi and Harvoni are made by Gilead are turning out to be expensive for Louisiana. Patent laws are in the way of procuring drugs from generic manufacturers. Louisiana wants the Trump administration to consider using the old law to negotiate affordable prices.

Impact: It is reported that top academic and legal health specialists are of the opinion that Louisiana pursue this avenue. At the same time, it is doubtful whether the Trump administration will support Louisiana State in this effort. It would need the current Health and Human Services Secretary to act. His record indicates otherwise. That said, a decent threat of invoking the law could bring Gilead to the negotiating table.

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NantKWest suffers court setback

Decision: The federal circuit court upheld the USPTO’s rejection of the claims in a NantKWest patent application for curing cancer using Natural killer cells.

An immune cell (orange) attacks a cancer cell (blue), feeling out its surface structure. (source)

Reason: The court found that the claims were obvious in the light of prior art.

Impact: NantKWest is struggling since 2016 from a stock sell-off that wiped out nearly half of the company’s value. The hope that remained was the uniqueness of the company’s approach to cure cancer employing Natural killer cells. The court decision reduces the prospects of a rebounce for NantKWest’s fortunes.

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Fidget Spinner inventor let patent expire in 2005

Decision: Way back in 2005, inventor of the now popular Fidget Spinner let her patent on the toy expire by not paying the maintenance fees.

GIF of a fidget spinner (source)

Reason: The inventor simply did not have money to pay the fees.
Impact: The inventor is left with no rights to an invention that has become very popular. Sadly, it appears that she made no profit, while others do, out of a toy that she originally made for her 7-year old daughter. It also appears that she is failing to make her ends meet in spite of the obvious success of her invention in the market. The toy has very become popular (almost to extent of becoming annoying in class rooms as students “fidget” with them all the time) and also finds potential applications in therapy for conditions such as ADHD.

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New licenses strengthen Novartis CAR-T

Decision: Bluebird and Celyad licensed their patents on lentiviral vectors and CAR-T to Novartis.

(GIF showing the infection process of lentiviral vectors)

Reason: Novartis is rushing its CTL019 towards approval following designation of CTL019 (tisagenlecleucel) as a breakthrough technology by the FDA for potential treatment for adult patients with relapsed/refractory diffuse large B-cell lymphoma (DLBCL). They needed the license to allow them access to the technologies owned by Bluebird Celyad to further develop the CAR-T technology.

Impact: CAR-T has been a high-traffic deal-making arena. The acquiring of IP rights to Bluebird and Celyad patents will allow Novartis to pursue CAR-T based pipelines for DLBCL and other conditions, giving Novartis more freedom to operate in this area. The license allows Novartis to further develop the technologies.

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PTAB cites inequities on patent owner while rejecting follow-up challenges to the same patent

Decision: The USPTO PTAB declined to institute an inter partes review on a request by Akamai technolgies Inc. against Limelight Networks Inc.

Reason: Inter partes review is a post-grant challenge mechanism that may be used to question the validity of patents in the USPTO. The PTAB that deals with post-grant processes at the USPTO, felt that Akamai used PTAB’s decision just a month earlier on a similar challenge to the same Limelight Networks to guide preparation of the new challenge. PTAB stated that granting a new challenge prepared using PTAB’s earlier unfavorable judgment as a guide would be unfair to the patent owner. Further, it is PTAB’s stand that the process should not be used to make repetitive attacks on a patent.

Impact: The challenge will most likely shift venue into the courts where the two companies have been fighting several battles centered on content delivery networks (CDNs).

Read more

 

About the author:

Syam

Authored by Dr Syam Anand, PhD (Indian Institute of Science, IISc; Post-Doctoral research, University of Pittsburgh School of Medicine; Faculty, University of Pittsburgh School of Medicine, Founder and US Patent Agent, Mainline Intellectual Property LLC, Ardmore, Philadelphia USA). Syam has over 20 years experience in diverse areas of Science with domain knowledge in Life Sciences and Intellectual Property. Dr. Anand is also an inventor and budding entrepreneur. A rationalist, Dr. Anand enjoys science at all levels and advocates the use of scientific methods for answering all questions and solving all problems and make common people curious and interested in understanding their worlds.

https://www.linkedin.com/in/syamprasadanand

Featured Image source: Photo by Bill O’Leary/The Washington Post via Getty Images

Blog design: Abhinav Dey

Infographic From Visually.- See more

Creative Commons License
This work by ClubSciWri is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License.

 

The Patent Chronicle

in Sci-IP by

(May 2nd, 2017) Your weekly dose from the world of patents. The Patent Chronicle is led by Syam Anand, who has been at the core of CSG’s development and an entrepreneur himself. This section is your go to destination every week for a capsule dose on the hottest happenings in the patent world. Syam has clinically dissected out every news on the decision, the background and the impact. He is also in the process of building his scicomm team for this section. If you would like to come aboard, mail him at syam.anand@sciwri.club

 

40 years Patent Words Data Analysis highlights emerging trends.

Source: Analysis of words in the titles of patents and patent applications in the last 40 years at the USPTO by Turbopatent.

Observation: Clear change in trend of word usage through the years. The current leading trend is information processing.

Impact: Analysis of patents and patent applications data itself is a new trend. One can imagine machine learning and AI approaches being used more and more in the coming days to dig into the troves of patent data to get meaningful insights at a fast rate.
Watch an animated word cloud movie from Turbopatent in

The YouTube video appears as part of a copyrighted article from IPwatchdog. Read the article

Amgen Sandoz Patent Dance on Neupogen

Decision: Pending. The US Supreme Court is hearing arguments on Amgen vs Sandoz on Amgen’s blood thinner Neupogen.

Reason: Sandoz entered market with biosimilar Zarxio. Amgen contents that Sandoz did not comply with Patent Dance- a set of regulations under The Biologics Price Competition and Innovation Act (BPCIA), a part of the Affordable Care Act. The BPCIA creates an abbreviated approval pathway for biological products shown to be biosimilar to, or interchangeable with, an FDA-licensed reference biological product. The case centers on whether Sandoz’s failure to comply with the series of regulations and disclosures under Patent Dance gives Amgen a right to seek damages. Patent Dance’s goal is to avoid/reduce such litigations through disclosures between the makers of biologics and biosimilars.

Impact: The case could be a trendsetter as the SC is seen grappling with the complex law to arrive at a conclusion, aware of the fact that they could be setting a precedent. The stakes are high as the makers of biologics and biosimilars seek to understand and navigate the law.

Read more

 

 Clean energy patent filings plateaus off

Source: Brookings Institute Report entitled “Clean energy innovation trends and priorities for the Trump administration and Congress”.

Observation: The authors of the report analyzed patent data related to a number of energy fields, including solar, wind, energy storage, energy efficiency, and nuclear power. They found that the number of patents filed slipped back from 35,000 to 32,000 from 2015 to 2016. This coincides with the decision by the Trump administration to drastically cut funding for clean energy initiatives.

Impact: It appears that in the absence of federal government research support and rolling back of energy regulations, the private sector might find it difficult to secure the resources and market for further innovations. US could lose its ability to compete in this sector as a result.

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The report is available from this link

 

ReFORM Biologics secures patent for viscosity-reducing excipients

Decision: USPTO granted a patent entitled ““Viscosity-Reducing Excipient Compounds for Protein Formulations,” to ReFORM Biologics.

Reason: ReFORM’s patented technology reduces the viscosity of highly concentrated solutions of proteins for subcutaneous injection or device-assisted administration, or to improve filtration unit operations.

Impact: The company has focused on viscosity-reducing, stability-enhancing and surfactant-replacement excipient platform technologies. The patent adds to their limited portfolio. But it would attract pharmaceutical partners who are looking for solutions to formulate highly concentrated biopharmaceuticals, helping to translate the technology into the market.
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Indian Patent Office aiming to cut down examination time to 18 months

Decision: According to the Indian Commerce and Industry minister, Government of India is taking steps to make this happen by March 2018.

Reason: Huge lag in examining pending applications, numbering over 250000, at the Indian Patent Office. Improvement in quality of examination, compliance with global rules and regulations and enforcement training at the local level are some aspects that the government is focusing on.

Impact: Indian Patent Office has a long way to go. The acknowledgement of the drawbacks by a minister is a good sign that the Government has taken note of the problems and is taking steps to protect innovation.

Read more

 

About the author:

Syam

Authored by Dr Syam Anand, PhD (Indian Institute of Science, IISc; Post-Doctoral research, University of Pittsburgh School of Medicine; Faculty, University of Pittsburgh School of Medicine, Founder and US Patent Agent, Mainline Intellectual Property LLC, Ardmore, Philadelphia USA). Syam has over 20 years experience in diverse areas of Science with domain knowledge in Life Sciences and Intellectual Property. Dr. Anand is also an inventor and budding entrepreneur. A rationalist, Dr. Anand enjoys science at all levels and advocates the use of scientific methods for answering all questions and solving all problems and make common people curious and interested in understanding their worlds.

https://www.linkedin.com/in/syamprasadanand

Featured Image source: Twitter

Blog design: Abhinav Dey

Creative Commons License
This work by ClubSciWri is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License.

The Patent Chronicle

in Sci-IP by

(April 25th, 2017) Your weekly dose from the world of patents. The Patent Chronicle is led by Syam Anand, who has been at the core of CSG’s development and an entrepreneur himself. This section is your go to destination every week for a capsule dose on the hottest happenings in the patent world. Syam has clinically dissected out every news on the decision, the background and the impact. He is also in the process of building his scicomm team for this section. If you would like to come aboard, mail him at syam.anand@sciwri.club

India sees high patent growth

Source: India Innovation Trend Report from Clarivate Analytics, a leader in Patent Analytics reports that India scored the highest growth of 26 percent in terms of published patents amongst the countries analyzed. These include China, Japan, Korea, Indonesia and Malaysia.

Reason: Clarivate identified the following main reasons

  1. Government initiatives;
  2. Increasing number of R&D centers being opened by MNCs as well as Indian corporations; and
  3. Indian companies realizing the importance of patent protection in different geographies.

Impact: Polymers and plastics, computing, pharmaceuticals and telecommunications accounted for two-thirds of the published patents indicative of strength in these areas. Encouraging signs are present that the trend will continue and make India competitive in the global market.

Read more here and here

 

Dow wins huge infringement suit against Nova

Decision: A Canadian court ruled that Nova Chemical Corp. has to pay Dow Chemical Co. all the profits it earned by infringing on Dow’s Canadian patent on garbage bags and packaging materials. The ruling judge also came up with a formula that will guide the accountants at Dow and Nova how to determine the Nova’s profits from selling the infringing products.

Reason: Nova sold products for a long time that was covered by Dow’s patent claiming that their method is based on another polymer and did not infringe Dow’s methods patent. The litigation dragged on for several years, during which Nova made substantial profits.

Impact: This is the first time “springboard” damages have been awarded by a Canadian court on infringement. “Springboard” damages are assessed from actual accounted profits made by the infringer during the period of infringement. Backed by the verdict, Nova will pay Dow a substantial amount, which by some accounts is close to a billion dollars. Nova will stop making and selling packaging materials with their SURPASS polymer.

Read more

 

Snap buys an app patent for $7.7 million

Decision: Snap of Snapchat fame buys a geofilter app from Mobli for the huge sum.

Reason: Snapchat wanted to keep Facebook away from acquiring the patent. $360 million out of Snap’s $400 million profit was made from geofilters. Had FB acquired the patent, it would have wiped out Snap’s profits from geofilters.

Impact: Geofilters are location-speific photofilters that can be used for advertising. Snap did not have a geofilter app in their collection. Therefore, this becomes a sensible acquisition for Snap. This deal also sets a new trend for software app market wars between the giants in social media, $7.7 million being the highest sum paid for an Israeli firm for a software app. Mobli was lagging behind its competitor, Instagram. This comes as a decent win for Mobli.

Read more

 

Sanofi and Regeneron faces infringement over their Atopic Dermatitis drug

Decision: Amgen sued Sanofi and Regeneron for infringement over their Atopic Dermatitis (AD) drug Dupilumab (Dupixent),

Reason: Amgen’s subsidiary Immunex has a patent protecting the development of IL4-receptor antibodies. Amgen believes that Dupilumab, a monoclonal human antibody against IL4 and IL3 receptors, infringes the Immunex patent.

Impact: Dupilumab is a rapidly evolving blockbuster for Sanofi and Regeneron that was approved by FDA recently. It had showed efficacy against AD and holds a lot of promise for asthma and other diseases based on the biological mechanism it targets. If they lose, it will be a big loss for Sanofi and Regeneron, as some of their trials for other indications center around Dupilumab. Sweeping claims covering broad biological mechanisms are however difficult to litigate and win in courts. Therefore, it remains to be seen is Amgen’s contention will find support in the court.

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Bellus Health’s patent for Chronic Cough lead compound

Decision: USPTO grants Bellus Health a patent for their lead compound for treating chronic cough.

Reason: BLU-5937 was deemed novel and useful by the patent office. Compound BLU-5937, related imidazopyridine compounds, and pharmaceutical compositions containing these compounds are covered by the patent. They are potent, and selective antagonists of P2X3 receptors located on airway sensory neurons that are hypersensitized in chronic cough.

Impact: Bellus Health is a company focused on developing treatments for diseases with high unmet medical needs. With this win, Bellus Health could attract the resources needed to develop the lead molecule into a drug. Bellus holds the license to develop BLU-5937 from NEOMED who had it assigned to them from AstraZeneca. The P2X3 antagonist program was initiated by AstraZeneca scientists in Montreal.

Read more

Read more about Bellus

 

 

 

About the author:

Syam

Authored by Dr Syam Anand, PhD (Indian Institute of Science, IISc; Post-Doctoral research, University of Pittsburgh School of Medicine; Faculty, University of Pittsburgh School of Medicine, Founder and US Patent Agent, Mainline Intellectual Property LLC, Ardmore, Philadelphia USA). Syam has over 20 years experience in diverse areas of Science with domain knowledge in Life Sciences and Intellectual Property. Dr. Anand is also an inventor and budding entrepreneur. A rationalist, Dr. Anand enjoys science at all levels and advocates the use of scientific methods for answering all questions and solving all problems and make common people curious and interested in understanding their worlds.

https://www.linkedin.com/in/syamprasadanand

Featured Image source: Twitter

Blog design: Abhinav Dey

Creative Commons License
This work by ClubSciWri is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License.

 

 

The Patent Chronicle

in Sci-IP by

(April 18th, 2017) Your weekly dose from the world of patents. The Patent Chronicle is led by Syam Anand, who has been at the core of CSG’s development and an entrepreneur himself. This section is your go to destination every week for a capsule dose on the hottest happenings in the patent world. Syam has clinically dissected out every news on the decision, the background and the impact. He is also in the process of building his scicomm team for this section. If you would like to come aboard, mail him at syam.anand@sciwri.club

Medco looses infringement contest on Bivalirudin formulation patents

Decision: District court ruled that Mylan’s proposed Abbreviated New Drug Application (ANDA) on the clotting inhibitor did not infringe the Medco’s patents in question. At the same time, Mylan lost the battle seeking invalidation of the Medco patents.

Reason: “Efficient mixing” was as an essential process in the Medco patents for producing batch consistency in Bivalirudin formulations. Mylan’s method was found not to use “efficient mixing” steps in their process as “efficient mixing” was found to be narrowly construed in the one example in the patent, leaving the patent weak.

Impact: Mylan would produce formulations of Bivalirudin without infringing on the Medco patents. Multiple dependable sources for the formulation could turn out to be good for the patients.

Read more

Novartis loses a major Gilenya patent

Decision: USPTO’s Patent Trial and Appeal Board ruled one Novartis patent on Gilenya used to treat MS invalid for being obvious.

Reason: Torrent Pharma, Apotex, and Mylan had initiated an Inter Partes Review, a post-grant review process, in the USPTO. It sought to invalidate the Novartis patent on grounds of obviousness. The components of the drug were Fingolimod and Mannitol. The former was already known to be useful to treat automimmune disorders such as MS.

Impact: The patent covering the MS oral drug earns billions for Novartis. Novartis has altogether four patents covering the MS drug. This particular one would have shielded the drug from generics till 2026. With this loss, the doors open to generics in 2019.

Read more here and here

UC Berkeley’s CRISPR fight proceeds to the next level

Decision: UC Berkeley files an appeal to the USPTO’s Patent Trial and Appeal Board’s decision in the Federal Circuit.

Reason: USPTO had ruled no interference on UC Berkeley’s CRISPR patent by Broad Institute’s CRISPR patent. Inventors of the UC Berkeley’s patent believe they have a broad patent that Broad’s patent infringes.

Impact: In the absence of cross-licensing agreements, it will end up being a long and expensive battle that will become a head ache for everyone, if Broad or UC Berkeley decide to go after the licensees from the other group.

Read more

Coalition for affordable drugs nears end.

Decision: Bass, the founder of Hayman Capital Management, closed the funding that supported the Coalition.

Reason: Lack of success in getting patents owned by the Big Pharma invalidated at the USPTO. For last one and a half years, the coalition has not filed a new case. It had success in only in 3 out of 14 medicines that it targeted.

Impact: According to some, the Coalition brought increased awareness about high drug prices and what to do about it. It appears that generic manufacturers themselves have taken over this task and have found success in several cases. Therefore, the absence of the Coalition at the forefront of the fight to lower drug prices wont be felt.

Read more

Two Goliaths vs many Davids on Eliquis face off

Decision: Over the last two weeks, Pfizer and BMS filed sixteen lawsuits together against 13 generic drug manufacturers of Eliquis.

Reason: Generic manufacturers have been piling up to grab a share of the drug’s multibillion-dollar deep vein thrombosis and pulmonary embolism market. They have abbreviated new drug applications (ANDAs) with the FDA to make and sell Apixaban, a generic for Eliquis.

Impact: Will depend on the ruling of the Delaware court where the lawsuits have been filed.

Read more here and here

Roxane to foot defendant’s legal fees as lawsuit is ruled exceptionally meritless

Decision: NJ District Court ruled, “Roxane pursued an infringement claim for which it lacked any legal or factual support”. “Roxane has been unable to point to any colorable factual or legal support for its position. It is indeed an exceptional case.”

Reason: A motion was brought by the defendants Camber Pharmaceuticals Inc. and InvaGen Pharmaceuticals Inc. in the District Court to declare the case “exceptional”.  Precedent allows the recovery of legal fees by prevailing party in exceptional cases. The case centered on capsule size. According to the plaintiff, the size of capsules of Calcium acetate made by the defendants were within the definition of the size of capsules claimed. The court ruled it was not.

Impact: Probably good for the patients as multiple sources for the end-stage kidney failure drug could keep prices down.

Read more

About the author:

Syam

Authored by Dr Syam Anand, PhD (Indian Institute of Science, IISc; Post-Doctoral research, University of Pittsburgh School of Medicine; Faculty, University of Pittsburgh School of Medicine, Founder and US Patent Agent, Mainline Intellectual Property LLC, Ardmore, Philadelphia USA). Syam has over 20 years experience in diverse areas of Science with domain knowledge in Life Sciences and Intellectual Property. Dr. Anand is also an inventor and budding entrepreneur. A rationalist, Dr. Anand enjoys science at all levels and advocates the use of scientific methods for answering all questions and solving all problems and make common people curious and interested in understanding their worlds.

https://www.linkedin.com/in/syamprasadanand

Featured Image source: Pixabay

Blog design: Abhinav Dey

Creative Commons License
This work by ClubSciWri is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License.

 

The Patent Chronicle

in Sci-IP by

(April 11th, 2017) Your weekly dose from the world of patents. The Patent Chronicle is led by Syam Anand, who has been at the core of CSG’s development and an entrepreneur himself. This section is your go to destination every week for a capsule dose on the hottest happenings in the patent world. Syam has clinically dissected out every news on the decision, the background and the impact. He is also in the process of building his scicomm team for this section. If you would like to come aboard, mail him at syam.anand@sciwri.club

Organizations request to free USPTO of Federal hiring freeze

Decision: Around twenty organizations directly requested the president to exempt USPTO from the federal hiring freeze. The letter ended by reminding him of the “America first” slogan.

Reason: The 45th president and his administration had instituted a federal hiring freeze that prevents USPTO also from filling several hundred vacancies including support staff. This is in spite of the fact that the government continues to divert hundreds of millions of dollars from fees earned by USPTO. Many including the signatories of the letter consider this a tax on innovation as their fees are diverted to general government funding. The US is now ranked #10 along with Hungary in patent system strength.

Impact: Left unaddressed, the challenges faced by US inventors in the domestic and more importantly in the international arena, will increase. Inadequate staffing will cause further backlog on patent prosecution and post-grant procedures. It will directly affect US innovation.

Read more here

Read the letter here

UK court steps in to guide fair, reasonable and non-discriminatory terms (FRAND)

Decision: UK High Court ruled that it would decide how much should be paid to use an essential patented technology (in this case mobile phone technology).

Reason: The FRAND commitment serves to harmonize the private interests of patent holders and the public interests of standard-setting organizations while attempting to meet industry standards. Those who own patents and those who want to use the patented technology interpret FRAND differently. Often times licensing prices choke off future development of the technology and its use.

Impact: The British High Court had not intervened to decide licensing prices before. Could end up becoming a trendsetter in UK. Licensing royalties that appear exorbitant may start getting litigated in UK courts. Technology adoption, research and development could benefit from favorable outcomes on this and future FRAND rulings. FRAND (RAND in the US) is an outlier like compulsory licensing as far as licensing practices go.

Read more here

RNA-based ProQR Cystic Fibrosis drug gets EU, US patents

Decision: ProQR therapeutics gets EU and US patents on Fast Track for restoring dysfunctional CFTR using RNA oligonucleotides.

Reason: The application enjoyed the Orphan drug designation in both Europe and the US.

Impact: The methods of treatment using the oligos are in clinical trials. If successful, patients will be able to self-administer the oligos with a nebulizer. Earlier trials have successfully restored CFTR function in patients containing two deletions in CFTR.

Read more here

20% workforce hit in Acorda as MS patents lose protection

Decision: Delaware court invalidated 4 (out of 5) patents covering Acorda’s MS drug Ampyra.

Reason: The patents were found to be obvious. The active ingredient in Ampyra is an old organic compound, 4-Aminopyridine that had limited patent protection. It appears that Acorda management were taking undue risks knowing that the protection was weak and very likely to be contested.

Impact: Restructuring of Acorda as it axes the workforce on MS and turns its focus to Parkinson’s disease where it holds IP and encouraging clinical trial data.

Read more here and here

 

PAX, a new alliance to protect Android systems from trolls

Decision: Google, Samsung Electronics, LG Electronics, HTC, Foxconn Technology Group, Coolpad, BQ, HMD Global, and Allview forms the Android-networked cross-license abbreviated “PAX”.

Reason: Open-source software faces legal challenges from trolls and real patent owners. There have been attempts to forms alliances in the hopes of putting resources together to meet these challenges.

Impact: The alliance is free and open to join. Thus, the alliance’s success will depend on who all joins. PAX follows similar efforts such as Open Innovation Network (OIN) that was formed to protect Linux from legal challenges. OIN was successful. PAX could translate into lower costs for Android users. PAX owns more than 230,000 global patents.

Read more here

LOT, a mutual defense alliance against PAEs grows in membership

Decision: Cisco, Slack, Daimler and Udemy joins LOT (License on Transfer)

Reason: Uptick in Patent Assertion Entity (PAE; Troll) activity and lack of attention from Washington D. C. According to LOT, there is a 500% uptick in troll activity in the last 10 years.

Impact: Initiated by Google in 2014, with mostly tech companies, LOT is now more diverse with members such as GM, Honda and JP Morgan. It works on a simple principle- if any member were to sell a patent to a troll, they cannot use the same against another member in LOT. According to LOT 80, billion dollars (80,000,000,000 $) are lost in needless patent troll litigation. Alliances such as OIN, PAX and LOT will reduce risk, and resources spend on troll-initiated litigations. LOT has 600,000 plus patents in their shelf.

Read more here

About the author:

Syam

Authored by Dr Syam Anand, PhD (Indian Institute of Science, IISc; Post-Doctoral research, University of Pittsburgh School of Medicine; Faculty, University of Pittsburgh School of Medicine, Founder and US Patent Agent, Mainline Intellectual Property LLC, Ardmore, Philadelphia USA). Syam has over 20 years experience in diverse areas of Science with domain knowledge in Life Sciences and Intellectual Property. Dr. Anand is also an inventor and budding entrepreneur. A rationalist, Dr. Anand enjoys science at all levels and advocates the use of scientific methods for answering all questions and solving all problems and make common people curious and interested in understanding their worlds.

https://www.linkedin.com/in/syamprasadanand

Featured Image source: Pixabay

Blog design: Abhinav Dey

Creative Commons License
This work by ClubSciWri is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License.

The Patent Chronicle

in Sci-IP by

Your weekly dose from the world of patents (April 4th, 2017). The Patent Chronicle is led by Syam Anand, who has been at the core of CSG’s development and an entrepreneur himself. This section is your go to destination every week for a capsule dose on the hottest happenings in the patent world. Syam has clinically dissected out every news on the decision, the background and the impact. He is also in the process of building his scicomm team for this section. If you would like to come aboard, mail him at syam.anand@sciwri.club.

EPO to give CRISPR rights to UCB

Decision: European Patent Office (EPO) indicated its intention to give a broad CRISPR patent to UCB.

Reason: EPO is convinced that UCB’s CRISPR application has been enabled for BOTH prokaryotes and eukaryotes.

Impact: UCB gains upper hand in Europe in the CRISPR battle. Broad can still file an opposition to the EPO decision. UCB could end up amending claims affecting the scope of the patent. This is more or less going to end up as in USPTO with UCB getting a broader patent and folks wanting to use CRISPR in Europe and US having to license from both, IF they use it in eukaryotes.

Read more here

 Troll paradise Marshall, Texas could get hit

Decision: Pending

Reason: Opposing precedents as to where a patent owner can initiate proceedings for infringement- one set says place of incorporation, the other says place of operations (however minimal it is). Patent owners and trolls have been flooding to Marshall, Texas (a town with 25,000 population) and case numbers in the town are around 34% of those filed nationwide.

Impact: Supreme court decision will direct which precedent is the law of the land. Trolls could lose on their strategy litigate in “friendly” jurisdictions.

Read more here

NIH funding cuts will impact patents and innovation

Decision: The Trump administration has proposed the following cuts to NIH budget- 1.6 billion USD for 2017 and 6 billion USD for 2018.

Reason: Divert funds to increased defense spending.

Impact: Study led by a Harvard Business School entrepreneurship professor shows that both basic and applied research contribute to commercial innovation. In one author’s own words “neither the progress of life sciences research nor its contribution to the economy is neat or easy to quantify”. “The sausage factory doesn’t look up-close very appetizing,”. “But in the sweep of history, this system delivers things.” 10 % of NIH grants resulted directly in a patent and 30% in articles were subsequently cited by patents. Innovation will take a hit as a result of the funding cut’s impact on both basic and applied research.

Read more in here and here

BMS Dasatinib patent dismissed for no utility

Decision: Federal court finds ability to inhibit an enzyme cannot to be extended to a utility to cure cancer without sufficient proof. It is an overarching promise and lacks utility.

Reason: Apotex wanted to sell Apo-dasatinib in Canada and was opposed by BMS. Apotex alleged inutility, obviousness and double patenting.

Impact: Apotex can sell its drug in Canada. Sets a precedent for questioning a patent’s utility and enablement without direct proof.

Read more here

Small Business Innovation Protection Act

Decision: U.S. Senators Gary Peters (D-MI) and Jim Risch (R-ID) have reintroduced the bill aimed to protect the IP of small businesses by improving education on patents prosecution and beyond.

Reason: Lack of awareness of international patent protection that affects small businesses ability to protect their inventions outside US, especially China and other major international markets.
Impact: More in person and online training and outreach programs from Small Business Administration and USPTO through Small Business Development Centers.

Read more here

 

Biogen wins MS drug Tecfidera dispute

Decision: USPTO’s Patent Trial and Appeal Board ruled that Forward Pharma failed to prove Biogen had infringed on its patent.

Reason: Insufficient scientific description for proving infringement.

Impact: Biogen does not have to pay royalty to Forward Pharma with this ruling. However, an appeal of PTAB decision by Forward Pharma in a court could reverse the fortunes. Biogen had earlier licensed the use of dimethyl fumerate (active ingredient of the drug) from Forward Pharma making this a self-inflicted wound in a court battle.

Read more here

 About the author:

Syam

Authored by Dr Syam Anand, PhD (Indian Institute of Science, IISc; Post-Doctoral research, University of Pittsburgh School of Medicine; Faculty, University of Pittsburgh School of Medicine, Founder and US Patent Agent, Mainline Intellectual Property LLC, Ardmore, Philadelphia USA). Syam has over 20 years experience in diverse areas of Science with domain knowledge in Life Sciences and Intellectual Property. Dr. Anand is also an inventor and budding entrepreneur. A rationalist, Dr. Anand enjoys science at all levels and advocates the use of scientific methods for answering all questions and solving all problems and make common people curious and interested in understanding their worlds.

https://www.linkedin.com/in/syamprasadanand

Featured Image source: Pixabay

Creative Commons License
This work by ClubSciWri is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License.

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