Monthly Archives: July 2020

UT cannot be involuntarily joined due to state sovereignty, but DC incorrectly analyzed whether case could proceed without UT

Gensetix, Inc. / Univ. Texas v. Baylor College of Medicine Docket No. 2019-1424 NEWMAN (D/C), O’MALLEY, TARANTO (C) July 24, 2020 Brief Summary: DC correctly found UT could not be involuntarily joined under Eleventh Amendment but abused its discretion in … Continue reading

Posted in Assignment / Ownership, Licensing, State Sovereignty | Leave a comment

DC decision of no invalidity including no common ownership regarding double-patenting affirmed

Immunex Corporation, Amgen Manuf., Ltd., Hoffman La-Roche Inc. v. Sandoz Inc., et al. Docket No. 2020-1037 O’MALLEY, REYNA (D), CHEN July 1, 2020 Brief Summary: DC finding of no invalidity for obviousness-type double-patenting (no common ownership), written description or obviousness … Continue reading

Posted in Assignment / Ownership, Double Patenting, Obviousness | Leave a comment

DC decision adding Dana Farber/GI (Pfizer) inventors to Ono/BMS anti-PD1 patents affirmed

Dana-Farber Cancer Institute, Inc. v. Ono Pharm. Co., et al. (Bristol-Myers Squibb) Docket No. 2019-2050 NEWMAN, LOURIE, STOLL July 14, 2020 Brief Summary: DC order to add Dana Farber and GI/Pfizer inventors to the Ono/BMS relating to the use of … Continue reading

Posted in Conception and Reduction to Practice, Inventorship | Leave a comment

IPR obviousness decision based on common sense modification of prior art affirmed

B/E Aerospace, Inc. v. C&D Zodiac, Inc. Docket No. 2019-1935, -1936 (IPR2017-01275, -01276) LOURIE, REYNA, HUGHES June 26, 2020 Brief Summary: Board IPR obviousness decision based in part on common sense affirmed. Summary: B/E appealed Board final written decision (FWD) … Continue reading

Posted in Inter Parties Review (IPR), IPR, Obviousness | Leave a comment