Los Angeles – The United States Court of Appeals for the Federal Circuit recently held in Classen Immunotherapies v. Biogen IDEC that certain methods of scientific research pertaining to a particular field of study may be patentable. Classen Immunotherapies was issued a patent for testing an immunization schedule against a control group. Researchers would then use the results of the tests to adjust the immunization schedule in both timing and dosage.
The patent states that the schedule of infant immunization can have significant effects in the advancement of chronic disorders such as diabetes. The patent is a method of determining which immunization schedule minimizes the risk of development of chronic disorders. Once the optimal immunization schedules were determined, Classen planned to implement that schedule to prevent risk of development of chronic disorders in infants and children.
The action arose when defendant Biogen IDEC, allegedly began using the Classen testing method and discovered the optimal immunization schedule for diabetes and other ailments. Classen brought an action against Biogen IDEC for patent infringement which was then appealed to the Federal Circuit. The Federal Circuit held that the immunization schedule research method contained patentable subject matter under 35 U.S.C. § 101.
Prior to the decision of the United States Supreme Court in Bilski v. Kappos, an invention had to qualify for patent protection under the machine-or-transformation test. The machine-or-transformation test pertains to process patents and requires that, for a process to be patentable, it must be either implemented with a machine or transform an article into another. In Bikski, the Supreme Court held that the machine-or-transformation test was not the only appropriate test for patentability, but instead should be regarded as a useful tool or guiding principle.
In this case, the Federal Circuit noted that one of the steps in the research process, “reviewing the relevant literature,” was not fatal to the patent’s validity. Though this was a “mental step” in contrast to a physical step, the patent contained physical steps such as immunizing on a fixed schedule. Because the methods were directed toward a specific useful goal and included physical steps such as immunizing on a certain schedule, the processes were eligible for patentability.
The Federal Circuit ultimately held that two of the three Classen patents contained patentable subject matter under 35 U.S.C. § 101. However, a third Classen patent that did not pertain to an immunization schedule was found to be invalid.
Los Angeles – Earlier this week, Redmond, Washington-based Microsoft announced its new Android patent agreement with Compal Electronics, a Taiwanese company. The software giant claims the new patent deal gives it a licensing stronghold on the majority of Android devices.
Los Angeles – Apple announced that the USPTO has recently published its patent application for an advanced gesture based toolbar. The patent would involve technology designed to allow iPad users to control their iPads from across the room using body movements such as hand sweeps and other gestures. These body movements would manipulate the iPad display through the gesture based toolbar.
os Angeles – Some of the most widely-used and expensive brand-name drugs are soon to come off of their patents and go generic.
Los Angeles – Toronto based Litens Automotive filed an action for patent infringement in a German court against Flennor Automotive for infringement of automatic belt tensioner patents. Litens claims that the Flennor automatic belt tensioners are knock offs of Litens’ easy-install tensioners. The belt tensioners at issue were used in many Volkswagon and Audi engines from 2002 to 2009.
Los Angeles – DuPont’s Pioneer seed unit is suing rival Monsanto for patent infringement, alleging that Monsanto infringed on patents that help genetically modified corn seeds germinate.
Los Angeles – Waltham, Massachusetts based Fractal Systems, Inc. recently disclosed that it has filed a patent application for a fractal based wireless antenna. The technology, known as Fractal Plasmonic Surfaces, uses fractals placed on the surface of the device close together in a unique pattern. According to Fractal Systems, the fractal pattern increases the antenna’s capability at a low cost. The antenna will have wideband ability and is meant to increase signal strength regardless of environment or placement.
Los Angeles – Lipitor manufacturer Pfizer, Inc. faces the expiration of a key patent to the manufacture of its signature cholesterol medication in November 2011. In anticipation of the expiration of the patent term, generic drug makers are set to release generic versions of the atorvastatin as soon as November 30, 2011. Pfizer has now brought an action against rival drug company Merck & Co. who plans to combine a generic version of Lipitor with Merck’s drug, Zetia.
Los Angeles – Apple’s iPhone 4 received considerable attention in 2010 when numerous customers complained that gripping the phone a certain way caused dropped calls. The problems stemmed from the iPhone’s external frame antenna, designed to improve signal strength. Unlike its predecessor, the iPhone 3GS, the iPhone 4′s un-insulated steel frame acts as the phone’s antenna. As iPhone 4 users touched the lower left edge of the phone’s exterior, the signal strength was reduced, leading to dropped calls in low reception areas.
Los Angeles – Imagine that you are the owner of a neighborhood bakery, which offers free WiFi to all of your customers. Now, imagine opening up shop one morning, only to be served with a patent infringement suit for providing WLAN. Innovatio has exploited the patent statute to do just that–sue end users.
