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Month: June 2016

Obviousness Analysis – PROMETHEUS LABORATORIES, INC. v. ROXANE LABORATORIES, INC.

June 27, 2016adminNo Comments

The ‘770 patent which is owned by Prometheus Laboratories Inc., claims a method of treatment for IBS-D utilizing alosetron. Prometheus also has the ‘800 patent which covers the use of ‘770 patent. In 2009, Roxane filed an abbreviated new drug application (ANDA) with FDA seeking approval of a version of Lotronex, since the ‘770 patent…

Subject-Matter Analysis – ARIOSA DIAGNOSTICS, INC., et al. v. SEQUENOM, INC., et al.

June 24, 2016adminNo Comments

In 1996, Drs. Dennis Lo and James Wainscoat discovered cell-free fetal DNA (“cffDNA”) which is a kind of DNA that circulates freely in the blood stream of pregnant women. In 2001, Drs. Lo and Wainscoat obtained the ’540 patent, which relates to this discovery. The invention, commercialized by Sequenom as its MaterniT21 test, created an…

Indefiniteness Analysis – BIOSIG INSTRUMENTS, INC. v. NAUTILUS, INC.

June 23, 2016adminNo Comments

Biosig Instruments was granted a patent for a heart rate monitor that reduces noise during the detection of heart rate. Upon being sued for patent infringement, Nautilius filed a motion for summary judgment to have the patent invalidated for indefiniteness. The district court found that the claimed invention “is not a description of any invention…

Nexus Analysis – SOUTH ALABAMA MEDICAL SCIENCE V GNOSIS S.P.A.

June 23, 2016adminNo Comments

Certain claims of Appellant’s (“SAMSF”) three patents were reviewed by the Board at the request of Appellee (“Gnosis”). The Board found all contested claims to be obvious due to two prior art references; a European patent application and a US patent. Due to similarity in purpose and disclosure of references, a person having ordinary skill…

Infringement Analysis – AKAMAI TECHNOLOGIES, INC., THE MASSACHUSETTS INSTITUTE OF TECHNOLOGY v. LIMELIGHT NETWORKS, INC.

June 23, 2016adminNo Comments

In 2006, Akamai Technologies, Inc. filed a patent infringement action against Limelight alleging infringement of several patents, including the ’703 patent, which claims methods for delivering content over the Internet. The jury found that Limelight infringed certain claims of the subject-matter patent. United States Court of Appeals for the Federal Circuit reversed and reinstated the…

Abstract Idea Analysis – OIP TECHNOLOGIES, INC. v. AMAZON.COM, INC.

June 23, 2016adminNo Comments

OIP Technologies alleges that Amazon.com infringes on their patent that relates to a method of a price optimization in an e-commerce environment. Infringement is directed to claims regarding computer-implemented methods for “pricing a product for a sale”. OIP Technologies subsequently filed a lawsuit for patent infringement. Amazon filed a motion to dismiss the complaint by…

Obviousness – TRIVASCULAR, INC. v. SAMUELS

June 23, 2016adminNo Comments

In 2013, Dr. Samuels filed a patent infringement action against TriVascular alleging infringement of patent ‘575, which claims inventions in the field of intraluminal stent technology. TriVasucular filed a petition for inter partes review (“IPR”) for obviousness pursuant to 35 U.S.C. § 103 In conjunction with the argument that appellee’s patent was obvious, TriVascular argues…

Section 101 Analysis – IN RE: RAY SMITH, AMANDA TEARS SMITH

June 23, 2016adminNo Comments

Applicants filed a patent application titled “Blackjack Variation” which outlined a method of conducting a wagering game accompanied by the rules of the game. This application was originally rejected the application based on 35 U.S.C § 101, concluding the application because “an attempt to claim a new set of rules for playing a card game”…

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