This article covers California Northern District Court Case No. 3:16-cv-07396. From IPWatchdog, the case stems from a disagreement between the University of California (the Regents of the University; UC) and Roger Jinteh Arrigo Chen, a former graduate student at UC. In this case, UC alleges that Chen did not adhere to his contractual obligation to assign patents of which he was the inventor to UC. The inventions in question, which are described in US Patents 8,324,914 and 8,461,854, 9,041,420, and 9,377,437 are nanopore array systems useful for characterizing molecules complementary to the nanopores. Notably, US Patent Application Publications 20140034517A1, 20140346059A1, 20160040230A1 (the applicant of which is UC) predate the patents awarded to Chen and describe extremely similar technology (and many of the figures in Chen’s patents bear great resemblance to or seem to be adapted directly from the Patent Application Publications).Read More
This article discusses a pair of Federal Circuit decisions made today regarding Inter Partes Reviews (IPRs) 2014-00693 and 2014-00752 (IPRs allow for challenging the validity of patents based on 35 USC 102 and 103, i.e. prior art and non-obviousness). These IPRs relate to US Patent 8,133,903, the assignee of which is Los Angeles Biomedical Research Institute at Harbor—UCLA Medical Center (LAB). Patent ‘903 includes five claims, one independent (claim 1) and four dependent (claims 2-5):
- A treatment utilizing a type 5 phosphodiesterase (PDE5) inhibitor in a long-term course to halt or treat either penile tunical fibrosis or corporal tissue fibrosis.
- The type of drug utilized in the treatment.
- The specific types of fibrosis-related conditions.
- The method of treatment administration.
- The duration of the treatment.
PDE5 inhibitors include Cialis, which is produced by Eli Lilly. As such, LAB filed a lawsuit in 2013 on the grounds that Eli Lilly’s marketing strategies of Cialis infringed upon their patent, stating that "[l]ong-term administration of Cialis on a once daily basis for the treatment of [erectile dysfunction] results in the arrest or regression of penile tunical fibrosis and corporal tissue fibrosis.”Read More
This article in Nature discusses a pre-trial hearing for UNIVERSITY OF SOUTH FLORIDA v THE JACKSON LABORATORY scheduled for March 21, 2017. The case of interest relates to US Patent 5,898,094 for “Transgenic Mice Expressing APPK670N,M671L and a Mutant Presenilin Transgenes.” This patent’s assignee is the University of South Florida. In the case (originally filed in late 2015), USF asserts that Jackson has infringed on its intellectual property as claimed in the ‘094 patent and demands a jury trial for the determination of injunctive and monetary relief per 35 USC 271 and 284. Although no specific claims are mentioned in the complaint document (which includes a full text of the ‘094 patent), the complaint basically asserts that a government-funded laboratory in Maine (the Jackson lab) willfully infringed on the ‘094 patent by selling genetically-engineered mice from 2009 to the time of the complaint’s filing.Read More