About: Nicole Romanelli

Merck owns U.S. Patent 7,326,708, which describes sitagliptin dihydrogenphosphate, a dipeptidyl peptidase-IV (“DP-IV”) inhibitor, which can be used for treating non-insulin-dependent (i.e., Type 2) diabetes. Mylan petitioned for inter partes review (“IPR”) of the ’708 patent, arguing that certain claims were anticipated by a Merck-owned International Patent publication by Edmondson. The Board held that Mylan failed to show that the claims of the ’708 patent were anticipated or would have been obvious over the cited prior art at the time the alleged invention was made. Mylan appeals,

• Posted on: Sep 29 2022
• By: Nicole Romanelli

Cooperative sued Kollective for infringement of U.S. Patent No. 9,432,452 relating to systems and methods of structuring a peer-to-peer (P2P) dynamic network for distributing large files, namely videos and video games. When Kollective moved to dismiss arguing all claims are ineligible under 35 U.S.C. § 101, Cooperative filed an amended complaint. When Kollective refiled its motion to dismiss, the district court granted the motion. Cooperative appeals. The district court held at Alice step one the focus of the ’452 patent is the abstract idea of the preparation and transmission of content to peers through a computer network.

• Posted on: Sep 28 2022
• By: Nicole Romanelli

Weber petitioned for inter partes review (“IPR”) of claims 1–14 of Provisur’s U.S. Patent No. 6,997,089 relating to methods and systems for classifying slices of a food product using an optical image of the slice. The Board concluded that Weber had proved claims 1–10, 13, and 14 were unpatentable as obvious, but not claims 11 or 12. Provisur appeals the Board’s unpatentability determinations and Weber cross-appeals the Board’s determination that claims 11 and 12 are not unpatentable. Provisur first argues that the Board abused its discretion when it denied Provisur’s motion to exclude certain evidence not submitted by Weber in its petition,

• Posted on: Sep 27 2022
• By: Nicole Romanelli