Michael R. Samardzija, Ph.D.

Michael R. Samardzija, Ph.D.

Bracewell & Giuliani LLP

Contact  |  View Bio  |  RSS

Latest Publications

Share:

What do "Abacus Guy," Mom, and Computers That Say "Stop!" Have in Common? They May be Unpatentable Abstract Ideas.

Nine Justices of the Supreme Court and three oral advocates held over 100 spectators at bay for just over an hour as they debated—of all things—patents. Yesterday’s case, Alice Corp. vs. CLS Bank, was not a first. Four...more

4/1/2014 - CLS Bank v Alice Corp Patent Applications Patent-Eligible Subject Matter

Clash Of Titans over Biosimilars at FTC Workshop

On Tuesday, February 4, the Federal Trade Commission (FTC) conducted an all-day public workshop at its headquarters in Washington, D.C. on competition issues involving biologics and biosimilars. During highly informative...more

2/6/2014 - Biologics Biosimilars Biotechnology Drug Manufacturers FDA FTC Pharmaceutical

Only You Can Prevent Forum Shopping

Recently, the Supreme Court unanimously held that the best time for forum shopping is before a dispute. The Supreme Court frowns on parties seeking to shop for a forum once a dispute develops but recognizes parties' right to...more

1/30/2014 - Atlantic Marine Construction Company Forum Selection Clause Forum Shopping Patent Litigation SCOTUS

High Court Finds Antitrust Scrutiny Applies to Pay-for-Delay Settlements

On June 17, 2013, the U.S. Supreme Court determined that the Federal Trade Commission’s (FTC) antitrust challenge to a reverse payment settlement agreement between drug manufacturers, otherwise known as a “pay-for-delay”...more

6/24/2013 - Actavis Inc. FTC FTC v Actavis Generic Drugs Patents Pay-For-Delay Prescription Drugs Reverse Payment Settlement Agreements SCOTUS

Supreme Court - Being Unanimous Appears to be Part of the Justices' DNA

On June 13, 2013, the U.S. Supreme Court unanimously decided in Association for Molecular Pathology v. Myriad Genetics, Inc. that naturally occurring DNA segments are not patent eligible because they are products of nature...more

6/17/2013 - AMP v Myriad DNA Human Genes Myriad Patent-Eligible Subject Matter Patents SCOTUS

Beyond Trolling the Trolls: White House Acts to Curb Abuse by Patent Assertion Entities

Earlier this year, President Obama addressed frivolous patent suits in a Google+ hangout session, commenting that Patent Assertion Entities (PAEs) "don't actually produce anything themselves" and assert patents "to...more

6/7/2013 - Barack Obama Investors Non-Practicing Entities Patent Reform Patent Trolls Patents USPTO

Texas Puts its Lone-Star Spin on Trade Secret Protection

Effective on September 1, 2013, trade secret owners in Texas will have a statutory framework for litigation in an actual or threatened misappropriation of trade secrets. Texas recently joined the other forty-seven states in...more

5/24/2013 - Misappropriation New Legislation Statute of Limitations Trade Secrets Uniform Trade Secrets Acts

Batting Practice with DNA Patents at the U.S. Supreme Court

The Supreme Court heard oral arguments today in Association of Molecular Pathology vs. Myriad Genetics (Docket 12-398) regarding the patent eligibility of isolated DNA sequences. More specifically, they probed both parties in...more

4/17/2013 - AMP v Myriad DNA Gene Patenting Human Genes Oral Argument Patent-Eligible Subject Matter Patents Recombinant DNA SCOTUS

Shot Down by the Gunn: The Supreme Court Rules in Favor of Leaving Malpractice Cases Involving Underlying Patent Issues with State...

On February 20, 2013, the Supreme Court issued its opinion in the case of Gunn v. Minton. The heart of this matter is whether the state-based malpractice action based upon an underlying patent infringement lawsuit may be...more

2/25/2013 - Attorney Malpractice Grable Factors Gunn v Minton Patents SCOTUS

Terrorizing Patent Practitioners: Highlights from Oral Argument at the Supreme Court for Gunn v. Minton

On January 16, 2013, the Supreme Court of the United States heard oral arguments in Gunn. The heart of the matter is whether the state-based malpractice action may be heard in state court or whether it must be heard in...more

2/7/2013 - Attorney Malpractice Federal Question Jurisdiction Grable Factors Gunn v Minton Mixed Motive Cases Oral Argument Patents SCOTUS

Returning Fire: The Respondent's Brief and Several Supporting Amicus Curiae Briefs in Gunn v. Minton

Earlier we reported on both the U.S. Supreme Court's grant of certiorari in the Gunn v. Minton case decided by the Supreme Court of Texas and the submission of Petitioner's and several supporting amicus curiae briefs. Gunn is...more

1/14/2013 - Attorney Malpractice Federal Jurisdiction Gunn v Minton Infringement Patents SCOTUS

Stripped of Controversial Provisions, Lame-Duck Patent Reform Heads to Obama's Desk

On January 1, 2013 — immediately after passing the fiscal crisis bill — the House of Representatives agreed by voice vote (at 11:13 PM) to approve the Senate's Amendments to H.R. 6621. A controversial provision that would...more

1/4/2013 - First-to-File H.R. 6621 Inter Partes Review Proceedings Lame Duck Session Patent Terms Patents Pre-GATT USPTO

Opening Shots in Gunn v. Minton: The Petitioner's Brief and Several Amici Curiae Briefs in Support

Earlier this year we reported on the granting of certiorari for the case of Gunn v. Minton from the Supreme Court of Texas. The case involves a claim of attorney malpractice in an underlying patent litigation matter. The...more

12/28/2012 - Attorney Malpractice Federal Jurisdiction Infringement Patents

Lame-Duck Patent Reform Goes Almost Entirely Unnoticed

With most lawmakers focused on the so called "fiscal cliff" during the current lame duck session of Congress, Representative Lamar Smith (R-TX) has quietly once again proposed legislation to reform the United States patent...more

12/8/2012 - America Invents Act H.R. 6621 Patent Reform Patents Pre-GATT

14 Results
|
View per page
Page: of 1