Welcome to our blog.  Here you will find resources for inventors and practitioners.  We may also add a touch of whimsy from time to time.

January 30, 2019

Last week, the Federal Circuit rendered an opinion in Barry v. Medtronic, in which Dr. Barry alleged that Medtronic induced surgeons to infringe U.S. Patent Nos. 7,670,358 and 8,361,121 both for "System and Method for Aligning Vertebrae in the Amelioration of Aberrant Spinal Column Deviation Conditions."

The patents relates to systems for correcting spinal column anomalies by applying force to multiple vertebrae at once.  The decision is an interesting one because of its detailed analysis of Dr. Barry's activities prior to applying for patent.

B...

November 20, 2018

The CardioNet case highlights some of the Alice pitfalls and how they relate to medical devices.

May 10, 2018

Few IP practitioners were surprised by the Oil States decision on whether inter partes review (IPR) violates Article III or the Seventh Amendment.

According to some, had the Supreme Court ruled that the current IPR procedure violates the Seventh Amendment, dead patents invalidated in previous IPRs would be resurrected, causing a great deal of uncertainty and plenty of re-litigation.  The practical effect is that the IPR system remains in place with possible tweaks to come, and that the so-called zombie patent apocalypse will not occur....

January 3, 2018

Patent prosecutors spend a great deal of time pondering the question of whether a particular combination of references ought to render a patent claim obvious.

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