Michael R. Samardzija, Ph.D.

Michael R. Samardzija, Ph.D.

Bracewell & Giuliani LLP

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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

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

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