USPTO Posts Comments on Genetic Diagnostic Testing by McDonnell Boehnen Hulbert & Berghoff LLP on 5/23/2012 As part of its efforts to implement the Leahy-Smith America Invents Act, the U.S. Patent and Trademark Office issued a Federal Register notice (77 Fed. Reg. 3748) earlier this year indicating that the Office had begun to...more
Federal Circuit Upholds Jury’s Verdict Invalidating a Software Patent Under the On-Sale Bar of 35 U.S.C. §102(b) by Patton Boggs LLP on 5/22/2012 In Leader Technologies, Inc. v. Facebook, Inc., No. 11-1366 (Fed. Cir. May. 8, 2012), the Court of Appeals for the Federal Circuit recently affirmed a District Court jury’s verdict that a software patent was invalid as...more
Court Report - May 21, 2012 by McDonnell Boehnen Hulbert & Berghoff LLP on 5/22/2012 About Court Report: Each week we will report briefly on recently filed biotech and pharma cases. Orion Corp. v. Mylan Pharmaceuticals Inc. 1:12-cv-00523; filed April 26, 2012 in the District Court of...more
mHealth Stakeholders: Bullet List of Legal Considerations by Duane Morris LLP on 5/22/2012 You are a device maker, an app or software developer, a potential investor, a healthcare provider, a healthcare payor or an insurer and you see opportunities in mobile health (mHealth). You have an idea for a revolutionary...more
Applying Prometheus To Myriad: Possible Outcomes by Sheppard Mullin Richter & Hampton LLP on 5/22/2012 Originally published in Law360, New York, May 21, 2012 -- On March 26, 2012, the U.S. Supreme Court issued a much anticipated GVR (grant [certiorari], vacate and remand) order in the Association for Molecular Pathology v. the...more
What If I Discover Unlicensed IBM Software on My Servers? by Scott & Scott, LLP on 5/22/2012 Scott & Scott, LLP attorney Christopher Barnett suggests tools to minimize licensing exposure resulting from unintended IBM product deployments....more
Full Text Available of Settlement on Mechanical Royalties, as Copyright Royalty Board Seeks Comments by Davis Wright Tremaine LLP on 5/21/2012 Last month, we wrote about the proposed settlement on "mechanical royalties" under Section 115 of the Copyright Act. These royalties are paid when "reproductions" are made of a musical composition. In the analog world, these...more
Patents County Court: Case Management Directions by Jane Lambert on 5/20/2012 Case management conferences are very important in Patents County Court litigation. They present the only opportunity to stay an action or transfer it to another court. They are the occasion when the court decides the...more
gTLD Launch: An Update on the TAS Interruption by Mintz Levin - Intellectual Property on 5/18/2012 As previously posted, ICANN’s TLD application system (“TAS”) has been plagued by a “technical glitch ” that has caused the online application system for new generic top level domains (gTLDs) to be taken offline in order to...more
In re Baxter International, Inc. (Fed. Cir. 2012) by McDonnell Boehnen Hulbert & Berghoff LLP on 5/18/2012 In a dissent from the Federal Circuit's affirmance of a Board determination of obviousness, Judge Newman raises a jurisdictional and separation-of-powers argument in In re Baxter International, Inc. that is destined to be...more
ANDA Litigation: Strategies and Tactics for Pharmaceutical Patent Litigators by Potter Anderson & Corroon LLP on 5/18/2012 Representing a compromise in the pharmaceutical industry in balancing patent exclusivity against market competition, the effect of the Drug Price Competition and Patent Term Restoration Act (commonly known as the Hatch-Waxman...more
Subpoena Twitter Accounts - New York Court Says "Yes!" by Tyson B. Snow on 5/17/2012 An interesting decision came out of New York recently. It is a criminal matter involving an Occupy Wall Street protestor who was arrested for disorderly conduct as he marched across the Brooklyn Bridge. While the case was...more
Monsanto Allowed to Put Genetically Modified Food on Your Plate by Lawyers.com on 5/17/2012 Farmers, seed distributors and food justice organizations filed an appeal after their lawsuit against agricultural giant Monsanto was dismissed. More than 80 plaintiffs, including the Organic Seed Growers and Trade...more
In-License Agreements With Nonprofits: 5 Considerations by Mintz Levin on 5/17/2012 Originally publish in Law360, New York (May 15, 2012, 1:01 PM ET) Many of the most successful and profitable technologies being developed and commercialized by technology-based companies, particularly in the areas of...more
Northern District of California Reiterates That You Can Monopolize a Technology Market by Howard Ullman on 5/17/2012 In Apple, Inc. v. Samsung Electronics Co., Ltd., Case No. 11-CV-01846 (N.D. Cal. May 14, 2012) (Koh, J.), a patent case, the court refused to dismiss Apple’s counterclaims, including a Sherman Act § 2 counterclaim, against...more