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Lead compound analysis (LCA) has been used in the evaluation of chemical compound Obviousness for the past 20 years.[1]  This approach supplemented the historic formulation of In re Dillon.[2]  While the Dillon analysis pivots about the structural similarity of the cited compound to that claimed and any motivation to make the claimed compound, LCA involves selection of a lead compound that is the most promising candidate for modification to improve its activity.  As such, it represents a somewhat more difficult standard than in Dillon.

The world’s five most valuable companies have $4.4 trillion missing from their balance sheets! While their collective value is more than $4.6 trillion, their balance sheets report just $228 billion in tangible assets. The missing 95% of value is in intangible assets – brands, software code, confidential information (including trade secrets), data and client lists.

Dilworth IP’s Benjamin Lehberger recently spoke at the Lawyer-Pilot Bar Association’s Winter 2019 Convention in Cocoa Beach, FL. Ben’s talk, entitled “Where are We Headed in Space? Charting the Industry’s Trajectory Through Patent Filings” showed how the patent landscape for space technology has changed dramatically over time. Despite NASA being the dominant filer for decades, Ben showed that the last 20 years of filings have been led by private firms. He also considered how the latest patents filings, on technologies such as artificial gravity and global internet access, give insight into what’s next in space.

This article was originally published in the the Greater Bridgeport Bar Association (GBBA) News Brief In January, the Supreme Court issued a ruling on how the commercial life of a new product can become fatal to the possibility of obtaining a patent on that product. This is a perennial issue […]

The DuPont Factors are a set of 13 factors used by the United States Patent and Trademark Office (USPTO) to determine whether there is a likelihood of confusion between two trademarks.

In Amerigen Pharmaceuticals Limited v. UCB Pharma GMBH, 2017-2596 (Fed. Cir. January 11, 2019), the Federal Circuit upheld the Board’s IPR finding that claims 1-5 and 21-24 of UCB’s U.S. Patent 6,868,650 were not obvious.[1]  The patent claims cover Toviaz® (Fesoterodine), an antimuscarinic drug to treat urinary incontinence.[2]  Judge Lourie included a remark […]

Recent data from NOAA, the National Oceanic and Atmospheric Administration, indicates that current atmospheric carbon dioxide (CO2) levels are at 409 ppm as of October 2018. This is a 36% increase from the highest historical CO2 level,1 and is increasingly being attributed to human activity, namely fossil fuel combustion in power generation, […]

The past year was a big year for FDA approved new drugs and biologics – 59 in fact, compared to 46 in 2017 and a mere 22 in 2016. From the published list of approvals on the FDA websiteNovel Drug Approvals for 2018, we compiled data on the listed patents […]

As discussed in our previous article, antibody-drug conjugates (ADCs) have emerged as a highly promising class of anti-cancer drugs, and significant technical innovations are being made in all three components of the ADC, i.e. the antibody, the drug payload, and the linker joining them. The linker has been an area of […]

Software is a generic term to refer to a collection of data or executing code used by a computer to implement arithmetic operations or logical operations. Back in 1936, Allen Turing, in his landmark paper On Computable Numbers proposed the capable use of instructions (i.e. software) to execute functions through his Turing […]