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Federal Circuit leans on the Supreme Court’s recent decision in Amgen v. Sanofi to find Baxalta’s functionally defined antibody claims invalid for lack of enablement.

Federal Circuit leans on the Supreme Court’s recent decision in Amgen v. Sanofi to find Baxalta’s functionally defined antibody claims invalid for lack of enablement.

Background With the present appeal, Baxalta challenged the District Court’s decision to hold claims 1–4, 19, and 20 of U.S. Patent No. 7,033,590 (the ‘590 patent) invalid for lack of enablement. Independent claim 1 is representative and recites: An isolated antibody...
J 0005/23 – When is a signature a signature?

J 0005/23 – When is a signature a signature?

The Decision According to Article 72 EPC, the assignment of a European patent application must be made in writing and requires “the signature of the parties to the contract”. The question for the Legal Board of Appeal in J 0005/23 was whether the...
Can an emoji be a trade mark?

Can an emoji be a trade mark?

The application was rejected by the Examiner under Article 7(1)(b) EUTMR which states:- The following shall not be registered: … (b) trade marks which are devoid of any distinctive character. The Examiner considered the mark would be recognised as an emoji...