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Recent developments at the Federal Circuit and the USPTO may inform evolving patent strategy on medical technology. In one case, the Federal Circuit invalidated a patent relating to catheter insertion technology. In addition, the Patent Trial and Appeal Board (PTAB) considered subject matter eligibility of medical technology inventions in two decisions issued less than a year apart. In the first decision, the PTAB upheld the validity of claims involving medical device location. In the second decision, the PTAB affirmed a final rejection of claims involving heart failure stratification.
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Director Vidal’s Impact On the PTAB: Big Changes and More On the Way
By Jennifer Bush
Perhaps the largest impact that Director Vidal has had upon the PTAB is has been via Director Reviews. The U.S. Supreme Court mandated Director Reviews to correct procedural defects in the way that administrative patent judges are appointed to the PTAB.
Like Mushrooms After A Rainstorm: Trade Secret Cases, and Lawyers, Are Growing Exponentially
By Nicole D. Galli
In modern times, trade secrets have long been considered mainly the province of employment lawyers dealing with more mundane issues such as customer relationships. Today, it seems trade secrets lawyers are multiplying like mushrooms after a rainstorm — coming not only from the employment bar, but also from IP, particularly the patent bar.
Designing the Future: Protecting AR/VR Innovations With Design Patents
By By Zachary D. Cleary, Jose J. Jimenez and Taryn A. Elliott
The future is only redesigned every so often, so it is worth asking, what will this new technology look like, and how can pioneers protect their user-facing innovations that will define this emerging space? Design patents are the answer.
By Howard Shire and Justin Tilghman
Ninth Circuit Upholds Copyright Infringement Dismissal In ‘Jangle Vision Twins’ Case
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