Latest Posts › SCOTUS

Share:

In re Patel (Fed Cir 2014)

The Supreme Court has made a sport of reversing the Federal Circuit over the past decade or so, and other than reserved (and sometimes not so reserved) statements by members of the lower court, the Federal Circuit has...more

7/31/2014 - Alice Corporation CLS Bank CLS Bank v Alice Corp Patent Infringement Patent Litigation Patents SCOTUS USPTO

Docs @ BIO: The Rest of the Story - Bloomberg BNA Hosts Panel on Subject Matter Eligibility

Last month at the BIO convention, Randy Kubetin, Managing Editor of Bloomberg BNA's Life Sciences Law & Industry Report moderated a panel entitled "Patent Eligibility from the Trenches: Practical Implications of the Supreme...more

7/9/2014 - AMP v Myriad Mayo v. Prometheus Myriad Patent Litigation Patent-Eligible Subject Matter Patents SCOTUS USPTO

Docs @ BIO: BNA Issues Report on PTO's Patent Eligibility Guidance

Sounding an appropriately alarmist note, the Bureau of National Affairs (BNA) Life Sciences Law and Industry Report issues the results of a study on how the U.S. Patent and Trademark Office is administering its March 4, 2014...more

7/1/2014 - AMP v Myriad Biotechnology Guidance Update Mayo v. Prometheus Patent-Eligible Subject Matter Patents Public Comment SCOTUS USPTO

Supreme Court Issues Decision in Alice Corp. v. CLS Bank - Alice Corp. v. CLS Bank International (2014)

This morning, in Alice Corp. v. CLS Bank, the Supreme affirmed the Federal Circuit's per curiam opinion in CLS Bank v. Alice Corp. in a unanimous opinion by Justice Thomas with a concurring opinion by Justice Sotomayor joined...more

6/20/2014 - Alice Corporation Bilski CLS Bank CLS Bank v Alice Corp Mayo v. Prometheus Patent Litigation Patent-Eligible Subject Matter Patents Risk Mitigation SCOTUS Software

Nautilus, Inc. v. Biosig Instruments, Inc. (2014)

In the universe of the toxic interplay between the Federal Circuit and the Supreme Court, an affirmance or even a begrudging acknowledgement of the Federal Circuit's "special expertise" in patent law has become as rare as the...more

6/4/2014 - Medical Devices Nautilus Inc. v. Biosig Instruments Patent Infringement Patent Litigation Patents SCOTUS

Sherry Knowles Speaks Truth to the Power of the PTO on § 101 Guidelines

Last week, Sherry Knowles, former chief patent counsel for GlaxoSmithKline and now principal at Knowles Intellectual Property Strategies, LLC submitted to Managing Intellectual Property magazine a detailed critique of the...more

5/2/2014 - AMP v Myriad Biotechnology GlaxoSmithKline Mayo v. Prometheus Patent Litigation Patents Pharmaceutical SCOTUS Section 101 USPTO

Thoughts on the USPTO's Patent Eligibility Guidelines (and What to Do About Them)

The U.S. Patent and Trademark Office recently issued (without public notice or opportunity to comment) its interpretation of the standards for subject matter eligibility in view of the Supreme Court's recent decisions in Mayo...more

3/19/2014 - AMP v Myriad Mayo v. Prometheus Myriad Patent-Eligible Subject Matter Patents Pharmaceutical SCOTUS USPTO

Sequenom Files Opening Brief in Appeal of Summary Judgment on Section 101 Grounds

Earlier this week, Sequenom, Inc. filed its opening brief in Ariosa Diagnostics, Inc. v. Sequenom, Inc., appealing summary judgment that its licensed claims to a genetic diagnostic method for detecting fetal diseases and...more

1/31/2014 - DNA Genetic Materials Genetic Testing Human Genes Mayo v. Prometheus Patent Applications Patent Litigation Patent-Eligible Subject Matter Patents SCOTUS Section 101 Sequenom Summary Judgment

More Q&A from Webinar on Top Patent Law Stories of 2013

On Tuesday, we presented a live webinar on the "Top Patent Law Stories of 2013." The webinar covered ten of the fourteen stories that made it onto Patent Docs seventh annual list of top biotech/pharma patent stories. Posts...more

1/24/2014 - 23andMe America Invents Act AMP v Myriad Biotechnology Bowman v Monsanto FTC v Actavis Innovation Act Life Sciences Monsanto Myriad Patent Infringement Patent Litigation Patent Reform Patent Trolls Patents Pharmaceutical SCOTUS

The FTC Is at It Again

In a move that will surprise almost no one (except perhaps members of the Supreme Court majority in FTC v. Actavis), the Federal Trade Commission has filed an amicus curiae brief with the District Court of New Jersey in In re...more

8/23/2013 - ANDA Antitrust Litigation FTC FTC v Actavis SCOTUS

University of Utah v. Max-Planck-Gesellschaft zur Forderung der Wiessenschaften e.V et al. (Fed. Cir. 2013) Hidden Field

The Federal Circuit, in a split decision, affirmed denial of motions to dismiss on jurisdictional grounds and Federal Court joinder rules in University of Utah v. Max-Planck-Gesellschaft zur Forderung der Wiessenschaften e.V...more

8/22/2013 - Jurisdiction Motion to Dismiss Patent Litigation Patents SCOTUS

Ambry Responds to Myriad Lawsuit

Asserts Affirmative Defenses and Antitrust Counterclaims and Asks for Declaratory Judgment - On Monday Ambry filed its Answer to Myriad's complaint for patent infringement, and asserted patent misuse as an affirmative...more

8/8/2013 - Ambry AMP v Myriad Antitrust Litigation DNA Genetic Materials Human Genes Myriad Patent Infringement Patent-Eligible Subject Matter Patents SCOTUS Sherman Act The Clayton Act USPTO

In re Adler (Fed. Cir. 2013)

Ever since the Supreme Court handed down its decision in KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398 (2007), both the U.S. Patent and Trademark Office and the courts have found it easier to render a decision that a claimed...more

7/25/2013 - Biotechnology Inventions Patent Applications Patents SCOTUS USPTO

IMS Study Shows Pro-Competitive Effects of Reverse Payment Settlement Agreements in ANDA Litigation

Earlier this month, the Generic Pharmaceutical Association (GPhA) held a press conference to announce the release of a study of the effects of reverse settlement payment agreements in ANDA litigation. ...more

7/19/2013 - ANDA Drug Manufacturers FTC FTC v Actavis Generic Drugs Pharmaceutical Prescription Drugs Reverse Payment Settlement Agreements SCOTUS

Myriad Genetics Files Infringement Suit Against Gene by Gene for Genetic Diagnostic Testing of BRCA Genes Hidden Field

A day after Myriad Genetics sued Ambry Genetics for patent infringement, the company filed suit in the District of Utah, Central Divisions against Gene by Gene Ltd. (Case No. 2:13-cv-00643-EJF; complaint). The complaint is...more

7/11/2013 - Ambry BRCA Genetic Testing Human Genes Infringement Myriad Patents SCOTUS

Mutual Pharmaceutical Co. v. Bartlett (2013)

The old adage "Bad cases make bad law" is invoked when the facts of a case lead a court to rule in favor of the particular entities before it rather than applying the law consistently. (Although anyone familiar with recent...more

6/28/2013 - FDA FDCA Generic Drugs Hatch-Waxman Mutual Pharmaceuticals v Bartlett Patents Prescription Drugs SCOTUS

Supreme Court Denies Certiorari in Momenta Case

The Supreme Court on Monday declined to grant certiorari in Momenta Pharmaceuticals v. Amphastar Pharmaceuticals, a case involving a split in authority that has arisen among Federal Circuit judges regarding the scope of the...more

6/26/2013 - ANDA Certiorari FDA Infringement Patents Pharmaceutical Preliminary Injunctions Prescription Drugs Safe Harbors SCOTUS Split of Authority

Does the Myriad Decision Presage a Golden Age of Patent-Free Personalized Medicine?

The Supreme Court's decision in the Myriad case has been almost universally hailed as being a great victory for patients, doctors, personalized medicine, and research. Precluding patenting for "merely" isolated human DNA,...more

6/20/2013 - AMP v Myriad DNA Human Genes Myriad Patent-Eligible Subject Matter Patents SCOTUS

U.S. Supreme Court Rules That “Reverse Payment” Settlements in ANDA Litigation Are Not Presumptively Unlawful But Must Be Assessed...

The Supreme Court ruled 5-3 on June 17, 2013 in favor of the Federal Trade Commission in FTC v. Actavis. Writing for the majority that included Justices Kennedy, Ginsburg, Sotomayor and Kagan, Justice Breyer’s opinion...more

6/19/2013 - Actavis Inc. ANDA FTC FTC v Actavis Generic Drugs Patents Pay-For-Delay Pharmaceutical Prescription Drugs Reverse Payment Settlement Agreements SCOTUS

Federal Trade Commission v. Actavis, Inc. (2013)

The Supreme Court ruled 5-3 today in favor of the Federal Trade Commission in FTC v. Actavis, Inc. Writing for the majority that included Justices Kennedy, Ginsburg, Sotomayor and Kagan, Justice Breyer's opinion reversed the...more

6/18/2013 - Actavis Inc. ANDA FTC FTC v Actavis Generic Drugs Patents Prescription Drugs Reverse Payment Settlement Agreements SCOTUS

U.S. Supreme Court Rules Human Genes Cannot Be Patented While Approving Patentability of Synthetic Genes in Issuing Key Myriad...

The Supreme Court ruled unanimously June 13, 2013 in favor of Plaintiffs/Petitioners in Association of Molecular Pathologists v. Myriad Genetics on the question of whether isolated DNA is patent eligible. The opinion found a...more

6/18/2013 - AMP v Myriad DNA Human Genes Myriad Patent-Eligible Subject Matter Patents SCOTUS

Association for Molecular Pathology v. Myriad Genetics, Inc. (2013)

The Supreme Court rendered its opinion in Association for Molecular Pathology v. Myriad Genetics, Inc. ("the Myriad case"), and in many ways it was anticlimactic: the Court adopted the Department of Justice's position...more

6/14/2013 - AMP v Myriad DNA Human Genes Myriad Patent-Eligible Subject Matter Patents SCOTUS

The Broader Meanings of the CLS Bank Decision

Much has and will continue to be written about the Federal Circuit's en banc decision in CLS Bank Int'l v. Alice Corp. last week, and most of the commentary has and will be critical of the path the court took in arriving at...more

5/28/2013 - Claim Construction CLS Bank CLS Bank v Alice Corp Computer-Related Inventions Patent-Eligible Subject Matter Patents SCOTUS

U.S. Supreme Court Sides with Monsanto in Seed Patent Case

The Supreme Court ruled unanimously yesterday in favor of Monsanto in Bowman v. Monsanto, a case involving Monsanto’s recombinant, Roundup Ready® seeds. The opinion rejected the arguments from petitioner, Indiana farmer...more

5/17/2013 - Bowman v Monsanto First Sale Doctrine Genetically Engineered Seed Monsanto Patent Exhaustion SCOTUS Seeds

What We May Learn from the Myriad Oral Argument

The U.S. Supreme Court heard oral argument in Association for Molecular Pathology v. Myriad Genetics, Inc. on Monday, and many have commented on the Court's interrogation of the parties' representatives (and the government)...more

4/19/2013 - AMP v Myriad DNA Litigation Strategies Myriad Oral Argument Patent-Eligible Subject Matter Patents SCOTUS

40 Results
|
View per page
Page: of 2