Author: Andrew J. Storaska Published: June 24, 2021 In the most recent of a series of litigations by AbbVie against manufacturers seeking to market biosimilar versions of Humira®, the world’s most profitable drug, AbbVie initiated an action against Alvotech in the district court for the Northern District of Illinois on April 27, 2021,
Read More Author: Xiaoban Xin Published: August 25, 2021 On August 3, 2021, the China National Intellectual Property Administration (CNIPA) released the Draft Revised Patent Examination Guidelines (“Draft Guidelines”) for comments. The revisions in the Draft Guidelines reflect the recently amended Chinese Patent Law that came into effect on June 1, 2021, and the Draft Revised Implementing Regulations (“Draft
Read More Author: Jenny L. Colgate Published: August 27, 2021 On August 20, 2021, China passed its first general data protection law, called the Personal Information Protection Law (“PIPL”). The law is set to take effect on November 1, 2021 (two months away), and it applies to both (1) in-country processing of personal information of
Read More Author: Dylan Haversack Published: June 23, 2021 This week, in United States v. Arthrex, Inc., the Supreme Court vacated and remanded a decision by the Court of Appeals for the Federal Circuit (“the CAFC”), holding that the administrative patent judges (“APJs”) at the Patent Trial and Appeal Board (“the Board”) are unconstitutionally appointed. While
Read More Author: Patrick Moon Published: July 29, 2021 Earlier this month, the United States Patent and Trademark Office (USPTO) published a notice in the Federal Register providing guidance regarding the proper presentation of prophetic examples and working examples in a patent application. According to the guidance, the proper presentation of prophetic and working examples
Read More Author: Dylan Haversack Published: August 9, 2021 Last month, in Qualcomm Inc. v. Intel Corp., the Court of Appeals for the Federal Circuit (“the CAFC”) vacated and remanded the Patent Trial and Appeal Board (“the Board”) on six inter partes review (“IPR”) decisions that held claims 1-15, 17-25, and 27-33 of Qualcomm’s U.S. Patent
Read More Author: Richard E. Waterman Published: August 17, 2021 In some circumstances, patent applicants may petition the Patent Office to suspend non-statutory rules under 37 CFR § 1.183. As the text of the rule indicates, the Patent Office will only grant such petitions “[i]n an extraordinary situation, when justice requires,” but does not clarify
Read More Author: Jenny L. Colgate Published: March 3, 2021 Yesterday, Virginia passed the Virginia Consumer Data Protection Act (VCDPA), making it the second state (behind California, with its California Consumer Protection Act (CCPA) to enact a general consumer privacy law. The VCDPA will take effect on January 1, 2023, which is also the same
Read More Author: Jennifer B. Maisel Published: March 22, 2021 As part of its three-part series on the future of human-computer interaction (HCI), Facebook Reality Labs recently published a blog post describing a wrist-based wearable device that uses electromyography (EMG) to translate electrical motor nerve signals that travel through the wrist to the hand into digital commands
Read More Author: Jenny L. Colgate Published: May 13, 2021 On April 22, 2021, the Supreme Court issued a unanimous decision finding that the FTC lacks authority to pursue equitable monetary relief in federal court under Section 13(b) of the Federal Trade Commission Act (the “FTCA”). The result means that defendant Scott Tucker does not have to
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