bite (noun): More meaty news to clench your teeth.
bark (noun): Ambient noise that needs attention.
More in Barks & Bites this week: U.S. Court of Appeals for the Federal Circuit (CAFC) rules that Jazz Pharmaceuticals has granted patents related to narcolepsy drug Xyrem to the Food and Drug Administration’s (FDA’s) Orange Book; has extended the deadline for comments on its cooperation initiative with The district court dismissed his three motions from Meta to overturn an earlier judgment ordering the company to pay Voxer $174.5 in royalties over patent infringement. President Biden has voted to reject a ceasefire order against Apple. The USPTO has launched a new educational platform to teach students about innovation and intellectual property.
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USPTO Resumes Comments on Joint USPTO-FDA Initiative, Extends Time
The USPTO has extended another comment period on its November 7 request for comments (RFC) on working with the Food and Drug Administration (FDA). The original deadline for comments closed on February 6, but today a Federal Register notice was published stating that the comment period has been reopened and extended to March 10, 2023. FRN is seeking input on how the two institutions can work together to foster innovation while maintaining patient access to generic medicines. As of Friday, February 24th, 68 comments were received and 63 were posted.
The Office also recently announced a second extension of the comment period for soliciting comments on the RFC on Robust and Reliable Patents.
Federal Circuit upholds district court’s order that Jazz Pharma must exclude patents from Orange Book
The Federal Circuit granted Avadel CNS Pharmaceuticals, Inc. an injunction on Friday, Feb. 24, directing Jazz Pharmaceuticals to remove U.S. Patent No. 8,731,963 for the narcolepsy drug Xyrem from the FDA’s Orange Book. I made a decision on precedent to confirm. The Federal Circuit agrees with the district court’s interpretation of the ‘963 patent’s claims as system rather than method-of-use claims, and Jazz’s contention that the claims qualify as “approved methods of use” under FDA Rule 21. rejected. CFR § 314.53(b)(1). The court eventually lifted the stay of the injunction and required Jazz to request that the FDA delist the patent within 14 days of the decision.
CAFC Upholds PTAB Decision in Selfie Stick Patent Dispute
On Thursday, February 23, the United States Court of Appeals for the Federal Circuit (CAFC) upheld the Patent Trial and Appeal Board (PTAB) ruling that inventor Ramzi Khalil Maalouf’s selfie stick patent is not patentable. This ruling is a victory for Microsoft, which filed the lawsuit. between the parties A patent review (IPR), even though the inventor claims the company is not threatened with litigation. The Circuit Judge ruled that the Board’s analysis of the case was sufficient, noting that the PTAB “had no error in claim construction or final legal conclusion of obviousness.”
Members of Congress Urge USPTO to Scrutinize Merck
On Wednesday, February 22nd, Senator Elizabeth Warren (D-Massachusetts) sent a letter to the USPTO asking it to review drug company Merck’s patent application for its cancer drug Keytruda. In a letter to the USPTO, Warren said, “It is not at all clear that Merck is doing anything other than extending its monopoly on this drug. Three other Democrats, Senator Bernie Sanders (D. -VT), Congressmen Katie Porter (D-California) and Pramila Jayapal (D-Washington) also signed a letter accusing Merck of engaging in anti-competitive business practices, We are asking organizations to reject submissions that do not meet Office standards.
Biden vetoes Apple Watch ban
Electrocardiogram (ECG) technology, AliveCor, said in a press release on Tuesday, Feb. 21 that the president’s decision by the International Trade Commission (ITC) in December to impose a cease and desist order on the Apple Watch for infringing AliveCor’s patents. This is the first time a U.S. president has backed a Limited Exemption Order (LEO) against Apple. Priya Abani, her CEO of AliveCor, said:
District Court Upholds Judgment Ordering Meta to Pay $174.5 Million in Patent Dispute
On Tuesday, February 21, a district court judge dismissed three motions from Meta in the tech company’s bid to overturn the $174.5 million judgment. In September 2022, a jury ruled that Meta must pay judgment for infringing two of his patents from walkie-talkie app manufacturer Voxer. In this post-trial move, Meta sought to invalidate his one of his Voxer patents, asking the court to overturn the judgment or open a new trial. Regarding the patent invalidity claim, U.S. District Judge Lee Yeakel wrote:
Burks
USPTO Launches IP Education Platform for Students
On Thursday, February 23rd, the USPTO announced the launch of EquiP HQ, a platform for educating students about intellectual property and inventions. The platform was created by the USPTO in collaboration with Second Avenue Learning to provide free resources for teachers and students. “EquiP HQ’s primary goal is to increase awareness, knowledge, and understanding of intellectual property among K-12 learners and educators,” the USPTO wrote in a statement.
USCO Seeks Comment on Fees for Late Royalty Payments
On Thursday, February 23, the United States Copyright Office (USCO) launched a survey seeking public comment on when fees for late royalty payments should be assessed under the Music Modernization Act’s blanket mechanical license. issued a notice. This notice specifically seeks comment on the interaction between the Copyright Royalty Judge’s late fee rules and the Office’s reporting and payment rules. Comments he must submit by April 10th.
Green trademarks on the rise in Europe
On Wednesday, February 22, the European Union Intellectual Property Office (EUIPO) released a study that found that the number of trademarks considered “green” increased by 12% in 2021. The most common trademarks were for energy-saving or energy-producing products. Large companies are most interested in filing green trademarks, accounting for 13% of the trademarks filed.
Study reveals China leads in fusion patents
On Tuesday, February 21, research firm Astamuse released data showing China leads the world in patent filings and subsidies for fusion technology. The survey also found that China leads the world in research institutes studying potential breakthroughs in energy production. The United States came in second for her, followed by the United Kingdom and Japan.
wall street this week
Tesla Announces New California Engineering Headquarters
On Wednesday, February 22, Tesla CEO Elon Musk and California Governor Gavin Newsom held a press conference to announce Tesla’s new engineering headquarters in Palo Alto, California. The building was previously owned by Hewlett-Packard, and Governor Newsom has cited the deal as evidence of the state’s commitment to renewable energy. Tesla and Elon Musk have faced scrutiny from state and federal regulators in the past, which is partly why Musk is moving its headquarters to Texas in 2021. According to Musk, the new facility will act as a dual headquarters.
Pfizer says RSV vaccine could receive FDA approval this summer
On Tuesday, February 21, Pfizer said in a press release that the FDA has set an action date for August to review an RSV vaccine to protect infants from disease. This will be her first RSV vaccine that can be given to a pregnant woman to protect her infant. Annalisa Anderson, Ph.D., Senior Vice President, Vaccine Research and Development and Chief Scientific Officer, Pfizer, said:
Quarterly results – The following companies, identified among the IPO’s top 300 patentees for 2022, will announce quarterly earnings next week (2022 ranking in parentheses):
- Monday: none
- Tuesday: none
- Wednesday: Salesforce (68), Snowflake (207)
- Thursday: Dell (13), Hewlett-Packard (84), Marvell Technology (191)
- Friday: none
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Author: Life on White
