Telepharma Disconnect: Federal Circuit Reverses PTAB On Obviousness

On May 28, the Federal Circuit reversed a PTAB inter partes review (“IPR”) decision that held Baxter Corporation Englewood’s (“Baxter’s”) claims were not invalid under 35 U.S.C. § 103(a) obviousness based on three prior art references: Alexander, Liff, and Morrison. The appeal involved telepharmacy technology for providing drug information to a pharmacist for approval while other non-pharmacists prepare the order. At issue on appeal were two limitations of the 8,554,579 (“579 patent”), referred to as the “verification limitation” […]

By | June 18th, 2021 ||

Patent Owners May Tend To Sue For Infringement And Negotiate Later

For a patent owner wishing to stop infringement, there have historically been two options in reaching out to an infringer in another state. The first, more expensive option, has been to file an infringement action in the patent owner’s home state and then negotiate with the infringer. The second, less expensive option, has been to attempt to negotiate a patent license with the infringer in another state without filing any infringement action.

The Federal Circuit’s Red […]

By | June 16th, 2021 ||

Telemedicine Companies Can Use Patent Law As A Strategic Advantage

As telemedicine services and associated software platforms become more commonplace during the worldwide pandemic, healthcare entrepreneurs and technology companies are looking for ways to gain a competitive advantage in the marketplace. Intellectual property, particularly patents, are a powerful way to protect innovations and exclude competitors from using key features, but most telemedicine companies have not availed themselves of the full strategic potential offered by patents. This article discusses some new and different ways telemedicine […]

By | June 16th, 2021 ||