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Legal Services that are an Investment in Your FutureRSM

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

 

Tomorrows Finest TodayRSM

 

NEWS: Constitutionality of IPR Upheld

 

NEWSLETTER

LATEST EDITIONS

Artful Claim Drafting by an Attorney Makes the Difference Between Patent Eligible, and Patent Ineligible, Subject Matter

 

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

Responding to an Office Action in a Patent Case, Part I

Examination Practice in a Patent Case, Part II

A Tour of US Supreme Court patent cases from 1961 to 1999

 

 

PUBLICATIONS

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.

 

Domain Names: H. Hoffenberg, Trademark Use in Domain Names, Los Angeles and San Francisco Daily Journal, (July 21, 2010)

Copyright Infringement: Fair Use Carve Out to Infringement published in the Los Angeles Lawyer (2016)

 

 

 

Injunction Contempt: Hoffenberg, Howard, Federal Circuit Revamps the Law on Contempt of an Injunction Prohibiting Patent Infringement, IP Today (June 2011)

Intellectual Property: H. Hoffenberg, Pointers on Trying Intellectual Property Cases, New Matter (Official Publication of the State Bar of California Intellectual Property Section)

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.

 

Patents: H Hoffenberg, Federal Circuit Rules Affirmative on the Patentability of Diagnostic Methods After Bilski, IP Today (February, 2011)

 

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.

 

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.

 

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.

Patents: he Lancing Blow to Patent Infringement Litigation in the ED Texas (published on social media)

 

A Trademarks: A Primer on What Incontestability is Good For, Eligibility and How to Get It (published on social media)

Trademarks: H. Hoffenberg, Victorias Secret Wins Trademark Anti-Dilution Case, Daily Journal Los Angeles, vol. 123, No. 105 (June 2, 2010) p. 5

 

Trademarks: Howard Hoffenberg, Cost Conscious Procedures for Challenging a Competitors Trademark Registration or Patent

 

 

 

 

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