For our weekly SoCal IP Institute meeting on Monday, July 13th, 2020 we will discuss the following cases and topics:

The United States Patent & Trademark Office announced new fast track program. The new program appears to be similar to the USPTO’s Track I application program, except now applied to appeals.

We will discuss a statement posted by the USPTO (Here)  

And the Federal Register Notice (Here)

Fitbit, Inc. v. Valencell, Inc. (CAFC 2020) (Here)

Valencell owned a patent related to generating data from physiological conditions. Fitbit filed an IPR trying to invalidate the patent. During litigation it was discovered that there was a small error in claims that could have been corrected via a certificate of corrections. The Federal Circuit held that the correction could have been made by the PTAB during the IPR proceedings.

Genentech and City of Hope v. Immunex and Amgen (CAFC 2020) (Here)

Under the Biologics Price Competition and Innovation Act, a biolsimilar producer must provide notice to a patent holder company 180 days before marketing a new biologic product. Genetech argued that the notice provided by Amgen was improper and filed for a temporary restraining order when Amgen tried to introduce a new biologic product. The district court denied the order Amgen appealed to the Federal Circuit. The Federal Circuit interestingly enough, decided to hear the appeal, and found the original notice was sufficient and that denial of the TRO was proper.

We will also discuss  a Judge’s order in a patent infringement case. Due to Covid-19 a Delaware Judge has allowed witnesses, but not jurors to attend trial via Zoom video conference.

All are invited to attend. Due to the Covid-19 situation the meeting will be conducted electronically via zoom. Join us by using this link at 12:00pm PT. This activity is approved for 1 hour of MCLE credit. If you will be joining us, please RSVP to Elisha Manzur by 9 am Monday morning.