Patently-O Updates for Friday, August 9, 2024

by Dennis Crouch

Welcome to August 2024.  This post offers a recap of some of the week’s events.

Democrat VP Nominee Gov. Tim Walz apparently owns no stocks. For those of us that do, this week experienced extremely high price volatility.  One of the biggest losers of the week (percentage wise) is Houston based FibroBiologics, Inc. (Nasdaq: FBLG) whose 3rd quarter Q-10 reported “substantial doubt about our ability to continue as a going concern.” The filing noted increased R&D costs, delay in clinical trials for their wound healing fibroblast treatments, and financing struggles.  The companies 150+ issued/pending patents (global) and are likely the company’s largest assets.   Currently pending APN 17/757,309 includes what seems to be a very broad claim of administering fibrobrasts to treat or prevent kidney disease:

1. A method of preventing or treating kidney disease in an individual having, or at risk of having, kidney disease comprising administering a prophylactically or therapeutically effective amount of fibroblasts, modified fibroblasts, and/or products derived from fibroblasts.

The examiner has not yet passed judgment on the claim.  Melissa Sistrunk at Norton Rose appears to be handling the prosecution.

Some firms are hot and looking to hire:

1. Cantor Colburn LLP is seeking a remote Patent Attorney or Agent with a degree in organic chemistry (Ph.D. preferred) and 2+ years of experience in chemical and material sciences.
2. Reinhart Boerner is looking for an Intellectual Property Associate with 2+ years of experience in patent prosecution, for their Milwaukee or nearby locations.
3. Otterstedt & Kammer PLLC (Greenwich, CT) has an opening for a Patent Preparation and Prosecution Specialist with a technical background in fields like semiconductor processing and AI, with remote work possible.
4. Harness IP in St. Louis metro is seeking a Patent Agent or Attorney with a biotech background including laboratory research experience. Remote candiates with experience will be considered.
5. Calderon Safran & Wright P.C. in McLean, VA is looking for a Patent Attorney or Agent with chemistry/chemical engineering expertise and portable business.
6. James Walton is seeking a Patent Attorney or Agent to join his Burleson, Texas  practice. 

1. “Bleak House Revisited” discusses a petition for certiorari in the regualtory takings case of Lemon Bay Cove v. US. I wrote about the case because it was decided by the Federal Circuit – and I find takings issues interesting and important. The case focuses on the question of when regulatory takings claims are ripe for judicial review.
2. “Means-Plus-Function Claims” examines Impact Engine v. Google and the cases’s potential to revive means-plus-function claims. The case focuses on their treatment in patent eligibility and infringement analyses.
3. “Federal Circuit Narrows AIA Grace Period” analyzes a Federal Circuit decision in Sanho v. Kaijet that narrows the interpretation of the pre-filing grace period under the America Invents Act, requiring 102(b) public disclosures to make inventions “reasonably available.”  This post receives the “hotshot” prize this week with the most reader comments.
4. “Federal Circuit Slices the Bologna Thin” explores Voice Tech v. Unified Patents. Most importantly: the court ruled that failing to raise an argument in a request for rehearing before the PTAB does not automatically waive that argument for appellate review, distinguishing this case from a previous non-precedential decision.

Finally, I have a new “welcome to Patently-O” post. What would you suggest that I tell first-time readers when they arrive at the site?

Many of us are seeking that final bit of summer freedom before the school year begins, all while balancing work commitments.  For my family, this translates to a quick drivable Ozark trip to Echo Bluff State Park and canoeing down the Current River. Paddle on!