Author: Andrew J. StoraskaPublished: June 24, 2021In 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 MoreAuthor: Xiaoban XinPublished: August 25, 2021On 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 MoreAuthor: Jenny L. ColgatePublished: August 27, 2021On 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 MoreAuthor: Dylan HaversackPublished: June 23, 2021This 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 MoreAuthor: Patrick MoonPublished: July 29, 2021Earlier 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 MoreAuthor: Dylan HaversackPublished: August 9, 2021Last 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 MoreAuthor: Richard E. WatermanPublished: August 17, 2021In 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 MoreAuthor: Jenny L. ColgatePublished: March 3, 2021Yesterday, 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 MoreAuthor: Jennifer B. MaiselPublished: March 22, 2021As 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 MoreAuthor: Jenny L. ColgatePublished: May 13, 2021On 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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