For our weekly SoCal IP Institute meeting on Monday, October 28th, 2019, we will discuss the following case and updates:
Amgen Inc v. Coherus Biosciences Inc. (CAFC 2019) (here)
Amgen sued Coherus BioSciences for patent infringement in the District of Delaware. The district court dismissed Amgen’s complaint for failure to state a claim, and Amgen appealed. The Federal Circuit held that prosecution history estoppel bared Amgen from succeeding on its infringement claim under the doctrine of equivalents. This case is a lesson in how a brief response to an office action can be better and not invalidate a patent later on.
We will also discuss the Copyright Alternative in Small-Claims Enforcement Act of 2019. (Bill text here)
Additionally we will review the USPTO’s “select eligibility cases” spreadsheet. The spreadsheet contains a table of cases and guidance for examiners.
All are invited to join us on Monday October 28th, 2019 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.