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Legal Services that are an Investment in Your FutureRSM
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IP and business Law Offices of
Howard L.
Hoffenberg, Esq.
(Since 1999)
11601 Wilshire
Boulevard, Fifth Floor
Los Angeles,
California 90025
Phone 310-670-5825
~ Fax 310-670-6737
mail@ipcounselor.com
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Tomorrows Finest TodayRSM
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NEWS:
Constitutionality of IPR Upheld
NEWSLETTER
LATEST
EDITIONS
END-RUN
AROUND MAYO FOR A THERAPEUTIC
WITH
A COMPANION DIAGNOSTIC
A discussion of an
April 13, 2018 decision in Vanda Pharmaceuticals Inc. v. West-Ward Pharmaceuticals
International Limited, ___ F. 3d ___ (Fed. Cir. 2018) providing a road
map for doing an end-run around Mayo v. Promethus, 566 U.S. 66 (2012)
for drafting patent eligible method claims for dosing a therapeutic utilizing
a companion diagnostic having conventional steps.
Federal
Circuit Affirms a Whopping 71% of Projected Net Profits as a Reasonable
Royalty
THE
DAMAGES DREAM OF A PATENT OWNER
On March 8, 2018,
the United States Court of Appeals for the Federal Circuit (which hears
appeals in all patent cases) affirmed 71% of projected net profit as being a
reasonable royalty to compensate a patent owner for infringement in s Exergen
Corporation v. Kaz USA, Inc., (Fed. Cir., 2018) 2018 WL 1193529
GUIDES
PUBLICATIONS
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Computer
Implemented Business Method Patent Eligibility: H. Hoffenberg, Patent
Eligibility Computerized Business Methods, IP Today, AUG 2012.pdf
EDITORS NOTE: The
US Supreme Court built on the Federal Circuit decision discussed in the
article; however, the article is still good reading to get an historical
perspective of the law.
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Domain Names: H.
Hoffenberg, Trademark Use in Domain Names, Los Angeles and San
Francisco Daily Journal, (July 21, 2010)
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Copyright Infringement: Fair Use Carve Out to
Infringement published in the Los Angeles Lawyer (2016)
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Injunction
Contempt: Hoffenberg, Howard, Federal Circuit Revamps the Law on Contempt
of an Injunction Prohibiting Patent Infringement, IP Today (June 2011)
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Intellectual Property: H. Hoffenberg, Pointers on
Trying Intellectual Property Cases, New Matter (Official Publication of the
State Bar of California Intellectual Property Section)
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Insurance
Coverage: H. Hoffenberg, Bypassing An Insurance Exclusion For Trademark
Infringement, Los Angeles and San Francisco Daily Journal (January 6,
2010)
EDITORS NOTE: This
article could provide insights to certain defendants in getting insurance
coverage.
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Patents: H
Hoffenberg, Federal Circuit Rules Affirmative on the Patentability of
Diagnostic Methods After Bilski, IP Today (February, 2011)
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Patents: H.
Hoffenberg, Will the patentability of genes survive, Nature
Biotechnology, Nature Publishing Group (September, 2010)
EDITORS NOTE: The
US Supreme Court has issued its decision on the topic, so as the court of
last resort in Australia issues its decision on the topic and the law
around the world is not uniform. Further, law is always in flux and even
the US Supreme Court can revisit an issue and change its pronouncement of
the law. The article is still a worthwhile read.
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Patents: H.
Hoffenberg, Public Empowered to Claim False Marking, Daily Journal Los
Angeles, vol. 123, No. 8 (January 8, 2010) p. 6
EDITORS NOTE: Congress
changed the statute; however, the article is still a good read to get an
historical perspective on the law.
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Patents: H. Hoffenberg, The Federal Circuit Strikes
Again in EnzoBiochem: The Latest on the Written Description Requirement for
Valid BioTech Patents, IP Today, vol. 9, No. 6 (June, 2002) p. 6 (Decision
reversed; nonetheless, the article is still instructive)
EDITORS NOTE: On
October 5, 2017, the United States Court of Appeals for the Federal Circuit
made its latest pronouncement on the requirements for claiming in a patent
a genus in a case styled Amgen v. Sanofi. More particular, the Amgen
court addressed claiming a genus of monoclonal antibodies. This latest
decision revives written description law from Enzo Biochem I and makes the
foregoing article a valuable read, bearing in mind that in Enzo Biochem II
the court held that depositing a sample of a monoclonal antibody with a
repository could satisfy the written description requirement for that
species of antibody.
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Patents: he Lancing Blow to Patent Infringement
Litigation in the ED Texas (published on social media)
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A Trademarks: A Primer on What Incontestability is
Good For, Eligibility and How to Get It (published on social
media)
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Trademarks: H.
Hoffenberg, Victorias Secret Wins Trademark Anti-Dilution Case, Daily
Journal Los Angeles, vol. 123, No. 105 (June 2, 2010) p. 5
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Trademarks: Howard Hoffenberg, Cost Conscious
Procedures for Challenging a Competitors Trademark Registration or Patent
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