August 15, 2019
Pfizer and Mylan, the maker of EpiPens, are merging. Pfizer will offload Upjohn, its portfolio of drugs that are no longer protected by patents, including Viagra, Lipitor and Celebrex, combining with rival Mylan to create a new company that will have a new, yet-to-be-announced name.
August 08, 2019
The USPTO recently hosted a webinar about the general approach to interpreting claims and how the specification interacts with and modifies those claims. With the goal of providing answers to common examiner questions, the webinar specifically discussed the importance of the broadest reasonable interpretation (BRI) of each claim, how to handle claim limitations, and the added difficulty of...
United Technologies, an American multinational conglomerate, recently agreed to combine its aerospace business with military contractor Raytheon, creating a new manufacturing giant in the aerospace and defense sectors. Under the new name of Raytheon Technologies, the merged company would have about $74 billion in expected sales for 2019.
July 02, 2019
If the first six months of 2019 are any indication, this year will be a year of reform. In June, we marked the fifth anniversary of the Supreme Court’s landmark decision in Alice Corp. v. CLS Bank International, 573 U.S. 208 (2014). Far from being settled law, questions of subject matter eligibility have dominated the conversation about patents in the courts, Congress, and the USPTO during...
June 24, 2019
In 2013, the USPTO enacted the After Final Consideration Pilot (AFCP) 2.0 program as an alternative response to a final rejection. The goal of the program was to increase communication between examiners and applicants and take those applications that are close to allowance across the finish line, without requiring the time and cost inevitably associated with an RCE.
June 18, 2019
Over the last two weeks, patent practitioners, former judges, consultants, and law professors have testified in front of the Senate on the subject of patent eligibility law. Here's a recap of the hearings:
May 07, 2019
Sprint and T-Mobile recently announced that they had reached a deal to merge, promising to “be a force for positive change in the U.S. wireless, video, and broadband industries.” Combining the country’s third and fourth largest mobile service providers would be one of the most significant consolidations in the American wireless market in years.
April 10, 2019
We’ve all been there. Prosecution is taking longer than expected. You’re facing one rejection after another. And your client is starting to question whether this patent is worth pursuing. This precarious position is where Jonathan Miller of Nicholson De Vos Webster & Elliott LLP found himself during a recent prosecution.
March 25, 2019
Due to inconsistent interpretation, preparing for and responding to Alice rejections has become one of the most stressful aspects of patent prosecution. Rejections citing Alice have multiplied exponentially since the initial decision on June 19, 2014, and they now account for more than 60% of §101 rejections and more than 8% of all rejections, as of our latest analysis.
February 25, 2019
Two of the biggest pharmaceutical companies are joining forces in a blockbuster merger. Bristol-Myers Squibb is buying Celgene in a cash and stock deal valued at about $74 billion.