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New Patent Eligibility Guidance: USPTO Tones Down the Rhetoric

On December 15, 2014, the U.S. Patent and Trademark Office issued its long-awaited Interim Guidance on Patent Subject Matter Eligibility (published in the Federal Register on December 16). The Guidance supersedes the...more

12/19/2014 - AMP v Myriad CLS Bank v Alice Corp Guidance Update Mayo v. Prometheus Patent-Eligible Subject Matter Patents Section 101 USPTO

It Takes One to Infringe: Akamai Ruling Holds That Induced Infringement Requires Direct Infringement by a Single Party

On June 2, 2014, a unanimous U.S. Supreme Court held in Limelight Networks, Inc. v. Akamai Technologies, Inc. that direct infringement by a single party is a prerequisite to a finding of induced infringement. In doing so, the...more

6/3/2014 - Akamai Technologies Appeals Direct Infringement En Banc Review Induced Infringement Limelight Networks Patent Infringement Patent Litigation Patents SCOTUS

Patent Owners’ Heavy Burdens: Proof of Infringement

The U.S. Supreme Court reversed the U.S. Court of Appeals for the Federal Circuit in a unanimous opinion in Medtronic, Inc. v. Mirowski Family Ventures, LLC, No. 12-1128, on January 22, 2014, holding that patent owners bear...more

1/27/2014 - Burden of Proof Eli Lilly Medtronics Non-Challenge Clauses Patent Infringement Patent Litigation SCOTUS

Legal Alert: Isolated Genes No Longer Patentable: Supreme Court Reverses Federal Circuit in Myriad Case

In a thinly worded unanimous decision in Assn. for Molecular Pathology v. Myriad Genetics, Inc. on June 13, 2013, the U.S. Supreme Court held that patent claims directed to genes are not patent eligible despite being claimed...more

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

Legal Alert: Monsanto Ruling Protects Innovators of Self-Replicating Biotechnology

On May 13, 2013, a unanimous U.S. Supreme Court held in Monsan to v. Bowman that the doctrine of patent exhaustion does not permit a farmer to reproduce patented seeds for planting and harvesting without the patent holder's...more

5/15/2013 - Biotechnology Bowman v Monsanto Genetically Engineered Seed Infringement Monsanto Patent Exhaustion Patents SCOTUS Seeds

Do Patents Control Self-Replicating Technologies? Supreme Court Hears Argument that Sale of Patented Seed Exhausts Future Patent

Patent infringement arises when one “makes, uses, offers to sell, or sells” a patented invention without authority from the patent holder. However, once the first authorized sale of the patented product has occurred, the...more

5/8/2013 - Bowman v Monsanto Genetically Engineered Seed Infringement Monsanto Patent Exhaustion Patents SCOTUS Seeds

Have You "Begun Construction"? IRS Issues Guidance for Renewable Energy Tax Credits

On April 15, 2013, the Internal Revenue Service ( IRS) issued much - anticipated guidance that will help developers of wind, solar, biomass and certain other renewable energy facilities qualify for federal renewable energy...more

4/17/2013 - Begun Construction Test Fiscal Cliff Investment Tax Credits IRS Production Tax Credit Renewable Energy

A New Design Patent International Filing Treaty

A new system for international design patent registration will greatly benefit design innovators through cost and timing efficiencies. In December 2012, President Obama signed into law the Patent Law Treaties Implementation...more

1/5/2013 - Design Patent Patents Registration Treaties World Intellectual Property Organisation

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