The Patent Trial and Appeal Board (PTAB) dismissed three inter partes review (IPR) proceedings involving the University of Florida based on sovereign immunity. As background, the University of Florida Research Foundation filed a suit in state court alleging breach of a licensing agreement. Medtronic subsequently brought a counterclaim seeking a declaratory judgment of non-infringement on… Continue Reading
Tag Archives: Patents
THE MIS-“CONCEPTION” OF BEING AN INVENTOR
Posted in Patent Counseling & StrategiesScientists often confuse “authorship” in a manuscript with “inventorship” in a patent application or a patent. More often than not, scientists will list everyone involved with an invention or a manuscript describing the invention, as inventors while filing a patent application. These include individual(s) involved in determining whether the invention works, writing the analysis, or… Continue Reading
Intellectual Capital Development for Technology Companies, Cost Effective Adjunct to IP
Posted in Biotechnology, Development & Commercialization of Technology, Employment & Personnel Issues, Intellectual Property Litigation, Nanotechnology, Patent Counseling & Strategies, Technology News & Events, Technology Transactions, Venture Capital, Private Equity and Other FinancingsThe term Intellectual Capital means different things to different people even in the technology space. For business planning purposes, intellectual capital should be recognized as more than patents, copyrights, and other forms of intellectual property, extending broadly to employee skills, knowledge, and problem solving abilities. This is sometimes referred to as a company’s or its… Continue Reading
Rebutting a Prima Facie Case of Obviousness
Posted in Biotechnology, Nanotechnology, Patent Counseling & Strategies, UncategorizedObtaining a patent for an invention requires the crossing of many statutory hurdles. One of the main statutory hurdles is to rebut any contentions by a patent examiner that an invention may be obvious (i.e., rebutting a prima facie case obviousness). Many strategies may be utilized to rebut a prima facie case of obviousness…. Continue Reading