For our weekly SoCal IP Institute meeting on Monday, October 22, 2018, we will discuss the following cases:
Yeda Research v. Mylan Pharm (CAFC October 12, 2018 available here). Yeda was assigned 3 patents relating to the treatment of multiple sclerosis using the drug Copaxone. (‘250, ‘413, and ‘302). The patents were all invalidated during an IPR proceeding at the USPTO. The patents taught a dosage of 40mg/mL reduced to 20mg/mL yielded better results. The patents also had filing dates that preceded other studies and FDA approved testing that used a dosage of 20mg/mL. The Federal Circuit held that although the subsequent studies could not be used as prior art under 102, they could be used to show it would have been obvious to one of ordinary skill in the art to half the dosages.
WFI Global, LLC v. MCNS Polyurethanes USA Inc. (T.T.A.B September 28, 2018 available here) The TTAB dismissed an opposition to registration SUPERCORE against the mark U-CORE both marks for use with insulating materials and polyurethanes. The opposer also argued applicant should lose the opposition because applicant misused the registration symbol ®. The TTAB declined to find misuse noting that “[a]pplicant’s confusion regarding the proper use of the registration symbol falls within the ambit of the types of misunderstandings that the Office lists in the TMEP as ‘common reasons for improper use…that do not indicate fraud.’”
All are invited to join us on Monday October 22, 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.