Immunogen Antibody Conjugate Patent Survives IPR

Immunogen’s US Patent 8,337,856, which claims antibody-toxin immunogates for the treatment of cancer, survives an IPR challenge in a final written decision by the PTAB. In an unpredictable art, the Board finds that general statements in the prior art giving hints of future research were insufficient to provide a reasonable expectation of success.

Crowd Funding Boost? Crowd Funding Patent Invalidated by Kickstarter

US Patent 7,885,887, claiming crowd funding, is invalid under §101. “The ‘887 Patent claims only the abstract and time-honored concept of patronage, and even the addition of an element of computer use is insufficient to render it valid under Section 101 of the Patent Act, 35 U.S.C. § 101.” Kickstarter’s motion for summary judgment is granted

Means-Plus-Function Software Claims Must Have an Underlying Algorithm

EON’s patent with means-plus-function claiming describing complex computer functionality is indefinite because there are no algorithms to provide structure to the claims. When a patentee invokes means-plus-function claiming to recite a software function, it accedes to the reciprocal obligation of disclosing a sufficient algorithm as the corresponding structure.

Prosecution Laches as Defense to Infringement — Cancer Res. Tech. Ltd. v. Barr Labs., Inc.

Prosecution laches is an equitable defense to a charge of patent infringement, that “may render a patent unenforceable when it has issued only after an unreasonable and unexplained delay in prosecution” that constitutes an egregious misuse of the statutory patent system.

Obviousness in prodrugs — Daiichi Sankyo Co. v. Mylan

Proof of obviousness based on structural similarity requires clear and convincing evidence that a medicinal chemist of ordinary skill would have been motivated to select and then to modify a prior art compound (e.g., a lead compound) to arrive at a claimed compound with a reasonable expectation that the new compound would have similar or improved properties compared with the old.