In a recent case, Omni MedSci, Inc. v. Apple Inc., the Federal Circuit held that the language the inventor agreed to via his employment agreement “did not effectuate a present automatic assignment of [his] patent rights.”

The following are the facts of this case.

The rules for the Patent Term Adjustment (PTA) provide for a term deduction for “applicant delay” before the examination commences — if the application is not “ready for examination” within eight months of its filing date (or national stage commencement date).

It is very important to be aware of this rule. 

In a recent case, Pacific Biosciences of California, Inc. v. Oxford Nanopore Technologies, Inc., the Federal Circuit expanded the meaning of the enablement requirement under 35 U.S.C. § 112(a). Let’s take a look at how the court arrived at this decision. 

The claims at issue were directed to methods for sequencing nucleic acid (DNA) using nanopore technology.  

Due to COVID-19, the USPTO recently announced that it is possible to request a suspension of the requirement to file a certified copy of a foreign priority application by the time the issue fee is paid, if the foreign priority application is not available via a multilateral priority document exchange program.

Here’s What You Need To Know:

In a recent case, Horizon Pharma, Inc. v. Dr. Reddy’s Laboratories Inc., the Federal Circuit reviewed the claim construction de novo, and agreed with the District Court holding of indefiniteness.

The USPTO is ending the unpopular “First Action Interview Pilot Program” effective January 15, 2021.

According to the program, an applicant could have requested an interview before receiving a first office action on the merits. The examiner would have performed a search and would have provided the applicant with a short communication including potential rejections. 

In a recent decision of the Federal Circuit (Biogen MA Inc. v. EMD Serono, Inc.) claims reciting methods using a recombinant polypeptide were held to be anticipated by prior art methods using a “native” version of the same polypeptide. 

In a recent case, Bio-Rad Laboratories, Inc. v. 10X Genomics Inc., the Federal Circuit affirmed the district court decision that the “tangentiality” exception to prosecution history estoppel can be used to show infringement under the doctrine of equivalents of an amended claim limitation.

The facts of the case are simple.