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Intellectual Property Alert: Athena v. Mayo: Are pure diagnostic claims per se ineligible for patenting?
  • Banner & Witcoff Ltd
  • USA
  • February 8 2019

February 8, 2019 -- The U.S. Court of Appeals for the Federal Circuit issued its decision in Athena Diagnostics, Inc., v. Mayo Collaborative Services


Intellectual property alert: first PTAB decision reversing examiner under new subject matter eligibility guidance
  • Banner & Witcoff Ltd
  • USA
  • February 2 2019

February 2, 2019 The Patent Trial and Appeal Board (PTAB), in an ex parte appeal (Appeal No. 2017-002898), reversed the examiner's 101 rejection based


Endo v. Teva: Courts Continue to Invalidate Patent Claims Without Construing Them
  • Banner & Witcoff Ltd
  • USA
  • December 21 2018

Endo Pharmaceuticals Inc. and Mallinckrodt LLC sued for patent infringement against multiple defendants who had filed Abbreviated New Drug


Endo v. Teva: Courts Continue to Invalidate Patent Claims Without Construing Them
  • Banner & Witcoff Ltd
  • USA
  • December 21 2018

Endo Pharmaceuticals Inc., and Mallinckrodt LLC sued for patent infringement against multiple defendants who had filed Abbreviated New Drug


Clarifying Multi-Embodiment And Single-View Design Filings
  • Banner & Witcoff Ltd
  • USA
  • December 14 2018

Judicial determinations related to design law seem to occur infrequently; So, whenever an updated holding is released, practicing attorneys and


In IPR, a Picture is Worth a Thousand Words or Worse than Worthless
  • Banner & Witcoff Ltd
  • USA
  • December 12 2018

Lawyers experienced in patent litigation know that a picture, well Explained, can be worth a thousand words. Juries and judges learn best when


EU Court Finds There’s No Accounting for Taste in Copyright Lawsuit
  • Banner & Witcoff Ltd
  • Netherlands, European Union
  • December 11 2018

The Grand Chamber of the Court of Justice of the European Union issued its Ruling on the question of taste in the recent case of Levola Hengelo BV v


Helsinn v. Teva at the Supreme Court: Did the America Invents Act Change the On-Sale Bar?
  • Banner & Witcoff Ltd
  • USA
  • December 5 2018

The U.S. Supreme Court entertained very lively oral arguments December 4, 2018, on the definition of prior art under the Leahy-Smith America Invents


Allergan v. Teva Pharmaceuticals USA: Will the Recognized Commercial Success of Restasis Demonstrate Non-Obviousness?
  • Banner & Witcoff Ltd
  • USA
  • December 3 2018

At the November 6, 2018, oral arguments at the U.S. Court of Appeals for the Federal Circuit, Allergan and the St. Regis Mohawk Tribe faced off


Magic! Now You See the Patent, Now You Don't!
  • Banner & Witcoff Ltd
  • USA
  • December 3 2018

November 15, 2018 -- Inter partes reviews (IPRs) continue to kill patents. And they do so in some amazing situations. One is where the patents