Patent Owner Tip #5 For Surviving An Instituted IPR: The Right Expert Can Save Your Patent

The right expert can be the critical piece that saves the validity of your patent. Finding the right expert for a patent owner requires careful selection and due diligence. We previously detailed how your expert’s testimony can make or break your Patent Owner’s Response (“POR”). The following details what actions and considerations Patent Owners should take to locate and identify the best experts for testifying to the Board, which can be different considerations than those for […]

By | February 27th, 2022 ||

Considerations And Implications Of The Proposed Temporary Waiver Of COVID-19 Vaccine-Related Intellectual Property Rights

The Biden administration has indicated support for the temporary waiver of patent protections related to COVID-19 vaccine development.

In the United States, there are three COVID-19 vaccines that received emergency use authorization from the U.S. Food and Drug Administration. Millions of Americans are receiving vaccine dosages daily to inch the country closer toward herd immunity. Mass vaccination and achieving herd immunity would limit the ability of the virus to spread and develop further mutations that […]

By | February 20th, 2022 ||

Ideas Not Rising To The Level Of Protectable IP Do Not Trigger An Obligation To Assign

In Bio-Rad Laboratories, Inc. v. ITC, No. 2020-1785, (Apr. 29, 2021), the Federal Circuit affirmed the ITC’s decision that Bio-Rad infringed three patents owned by 10X Genomics by importing and selling microfluidic systems.

Bio-Rad presented an ownership defense to infringement—that it co-owned and therefore could not infringe—the asserted patents. Inventors on 10X Genomics’ asserted patents worked at Bio-Rad before inventing the claimed subject matter. While employed by Bio-Rad, these inventors assigned to Bio-Rad their “entire right […]

By | February 7th, 2022 ||