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In re Kubin: Federal Circuit Ignores Principles of Structural Obviousness in Applying 'Obvious to Try' Test
On April 3, 2009, a three-judge panel of the Court of Appeals for the Federal Circuit unanimously affirmed the decision that the Board of Patent Appeals had reached in Ex Parte Kubin, 2007 WL 2070495 (B.P.A.I. May 31, 2007), thereby reinforcing and extending the applicability of the “obvious to try” test in biotechnology patent law practice. In furthering the “obvious to try” standard, however, the Federal Circuit also undermined its own precedent regarding biochemical structural obviousness ' namely, that the nucleotide sequence of a previously unknown DNA sequence encoding a known or partially known polypeptide is non-obvious. Thus, In re Kubin, 2009 WL 877646 (Fed. Cir. April 3, 2009), now appears to be the first case in which a defined biochemical structure was found to be obvious despite the fact that the structure was previously unknown and unpredictable.
In Ex Parte Kubin, the Board determined that a DNA sequence encoding a functionally characterized but unisolated receptor protein (the NAIL protein, which is located on the surface of certain types of immune cells) was obvious under 35 U.S.C. ' 103(a). The patent examiner had rejected Kubin's claims as obvious over a combination of prior art teachings disclosing: 1) the functional characteristics of the NAIL protein on cultured cells, 2) a monoclonal antibody that binds to a portion of the NAIL protein, and 3) a prophetic example of how to isolate NAIL DNA and the protein using conventional cloning and sequencing methodologies. Notably absent from the prior art, however, was any teaching or suggestion of either the amino acid sequence (complete or partial), or any working example of a method by which to obtain the amino acid or DNA sequence of the NAIL protein.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Beach Boys Songs Written Decades Ago Triggered Current Quarrel With Lawyers
There's current litigation in the ongoing Beach Boys litigation saga. A lawsuit filed in 2019 against Nevada residents Mike Love and his wife Jacquelyne in the U.S. District Court for the District of Nevada that alleges inaccurate payment by the Loves under the retainer agreement and seeks $84.5 million in damages.
Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Transfer Tax Implications on Real Property Leases
The real property transfer tax does not apply to all leases, and understanding the tax rules of the applicable jurisdiction can allow parties to plan ahead to avoid unnecessary tax liability.