For our weekly SoCal IP Institute meeting on Monday, October 29, 2018, we will discuss the following cases:
Roche Molecular v. Cepheid (CAFC October 9, 2018 available here). Roche held patent 5,643,723 entitled “Detection of a Genetic Locus Encoding Resistance to Rifampin in Microbacterial Cultures and in Clinical Specimens.” The district court, found the patent was directed to ineligible subject matter under 35 U.S.C. § 101, and invalidated the patent. The CAFC affirmed. Part of the patent relied on short genetic sequences (primers) found in nature. The Federal Circuit reasoned that the primers were no different than primers found in nature and therefore directed to a product of nature and unpatentable.
Gust, Inc. v. AlphaCap Ventures (CAFC September 28, 2018 here) AlphaCap sued several companies operating in the crowd funding space on an array of patents, they were able to settle most cases except a case with Gust. In an unrelated case, a court determined Alpha Cap’s patents invalid as directed to an abstract idea. Alpha Cap offered to dismiss its suit against Gust, but Gust refused at first but then sent a formal settlement offer. Gust then filed suit against AlphaCap threatening to move for sanctions unless the case was dismissed. The district court did grant sanctions but the Federal Circuit reversed, finding the district court abused its discretion in awarding attorney’s fees.
All are invited to join us on Monday October 29, 2018, at noon in our Westlake Village office. 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.