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IPO Daily News™

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Thursday, December 18, 2014

December 18, 2014

Federal Circuit Summaries Logo

* * * * MYRIAD’S DNA PRIMERS AND METHODS RELATED TO BRCA1 AND BRCA2 GENES PATENT-INELIGIBLE

University of Utah Research Foundation v. Ambry Genetics Corp., 14-1361 — Yesterday in an opinion by Judge DYK, the Federal Circuit upheld a district court’s denial of a preliminary injunction against Ambry. The patents, owned by plaintiff Myriad Genetics, Inc., claimed short-stranded DNA “primers” and methods related to the BRCA1 and BRCA2 genes, mutations of which are linked to breast and ovarian cancer. Myriad’s isolated DNA claims were previously found patent-ineligible by the U.S. Supreme Court in Association for Molecular Pathology v. Myriad as products of nature.

The district court properly denied Myriad’s preliminary injunction motion because the claims violated Patent Act section 101. The primers were ineligible as “structurally identical to the ends of DNA strands found in nature” and “not distinguishable from the isolated DNA found patent-ineligible in Myriad.” The method claims were ineligible under the Alice Corp v. CLS Bank framework as merely reciting “the patent-ineligible abstract idea of comparing BRCA sequences and determining the existence of alterations.” The steps were routine and conventional, with insufficient “further inventive concept” for patent-eligibility.
(1 to 4 stars rate impact of opinion on patent & trademark law)

IP Chat Channel Logo

TODAY ON IPO’S IP CHAT CHANNEL: ESTOPPEL AND PRIVITY IN PTAB PROCEEDINGS AND PARALLEL LITIGATION

Tune in to the IP Chat Channel today to discuss Estoppel and Privity in PTAB Proceedings and Parallel Litigation. Panelists include NICHOLAS GROOMBRIDGE, Paul, Weiss, Rifkind, Wharton & Garrison LLP; MARK MATUSCHAK, Wilmer Cutler Pickering Hale and Dorr, LLP; and JON WRIGHT, Sterne, Kessler, Goldstein & Fox, PLLC. To register, click here. CLE granted in many states. IP Chat Channel webinars are recorded and available after the live webinars at www.ipo.org/IPChatChannel.

Federal Circuit Summaries Logo

* * COURT ERRED IN DISMISSING TRADE SECRET SUIT AS IMPLAUSIBLE

ABB Turbo Systems AG v. TurboUSA, Inc 14-1356 — Yesterday in an opinion by Judge TARANTO, the Federal Circuit overturned a district court’s dismissal of ABB’s trade secret claim. ABB held patents for exhaust-gas turbochargers. After filing a patent infringement suit against TurboUSA, ABB discovered information suggesting that TurboUSA had misappropriated ABB’s trade secrets related to the design, pricing, and servicing of the turbochargers. In an amended complaint, ABB alleged trade secret misappropriation dating back to 1986. The district court found that the trade secret claim was “not well-formulated” because ABB had not established that reasonable efforts had been employed to maintain secrecy given the long scope of the alleged misappropriation.

The district court “was too demanding of specificity and too intrusive in making factual assessments.” Citing the Supreme Court’s Twombly and Iqbal opinions, the Federal Circuit decided ABB provided the necessary “facial plausibility” for the trade secret claim. It was “simply not implausible that adequate protections were in place and yet a series of misappropriations occurred without ABB’s detection.”
(1 to 4 stars rate impact of opinion on patent & trademark law)

USPTO TO REDUCE TRADEMARK FEES

On December 16, the USPTO published a Federal Register notice on fee reductions for trademark applications and renewals that will go into effect January 17. The reductions “will reduce total trademark fee collections and promote efficiency for the USPTO and customers through electronic communication and will further the USPTO’s strategic objective to increase the end-to-end electronic processing of trademark applications including online filing, electronic file management, and workflow.” A trademark applicant using the Trademark Electronic Application System (TEAS) application form may pay a reduced fee “if the applicant agrees to receive communications concerning the application by email and to file all responses and other documents through TEAS during the prosecution of the application.”

IP IN THE MASS MEDIA

Indian Court Bars Sales of OnePlus Phone

Yesterday India’s Delhi High Court ruled that Chinese device maker OnePlus may not sell its handset, which bears a Cyanogen logo, in India because Cyanogen previously issued an exclusive license to Micromax Informatics. (Times of India)

Article Recommends Photographers Seek Copyright Registrations for All Photographs

Yesterday in an op-ed posted by the Huffington Post, attorney CAROLYN WRIGHT recommended that photographers obtain copyright registrations on each of their photographs.

Op-Ed Disputes Reports on “Foreign Patent Trolls”

Yesterday Washington legislative publication Roll Call published an op-ed titled “Fear-Mongering about Foreign Patent Trolls,” The piece argued that recent articles warning about foreign patent trolls, including government-sponsored patent trolls, are unsubstantiated.

 


Law & Advocacy

Friday, February 21, 2014

2014 USPTO BUDGET WILL ALLOW HIRING, SATELLITE OFFICES

During the quarterly meeting of the USPTO’s Patent Public Advisory Committee (PPAC), Chief Financial Officer TONY SCARDINO reported that the 2014 appropriations bill signed in January funds the USPTO at $3.024 billion – $90.8 million above the fiscal 2013 enacted level and $238.3 million above the fiscal 2013 sequestration level. The budget will allow the USPTO to hire 1,000 patent examiners and 63 administrative patent judges and provides funding related to opening satellite offices in San Jose, Denver, and Dallas. Projected 2014 spending is estimated at $2.948 billion. The White House will release its fiscal 2015 budget on March 4.


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