Intellectual Property, Science, Computers & Technology

Supreme Court Grants Certiorari in Medtronic v. Boston Scientific

by Andrew Williams | McDonnell Boehnen Hulbert & Berghoff LLP on 5/23/2013

On May 20, 2013, the Supreme Court granted certiorari in the Medtronic Inc. v. Boston Scientific Corp. case (Supreme Court docket number 12-1128). The sole issue on appeal is encapsulated by the question presented...more

An Unreasonable Royalty Rate is No Gaming Matter

by Mercedes Cook | Sheppard Mullin Richter & Hampton LLP on 5/23/2013

The Honorable Judge James L. Robart recently took on the challenging task of determining a reasonable and non-discriminatory (“RAND”) royalty rate for Motorola’s standards-essential patents (“SEP”). Microsoft Corp. v....more

Copyright Law Reform Engages Both Courts and Congress

by Jenevieve Maerker | Foley Hoag LLP - Trademark, Copyright &... on 5/22/2013

Big changes may be afoot in copyright law these days, via both litigation and legislation. Courts are considering sweeping infringement claims with potentially far-reaching implications, and Congress is beginning the process...more

YouTube (Part III) Notice-and-Take-Down Safe Harbour Under the DMCA

by Martin P.J. Kratz Q.C. | Bennett Jones LLP on 5/22/2013

A driving force for the development of the Internet was to provide certainty for Internet service organizations on the liability exposure they may have for acts of third parties on their Internet sites....more

Patent Watch: Aventis Pharms., Inc. v. Amino Chems. Ltd.

by Lawrence M. Sung | BakerHostetler on 5/22/2013

"[T]he same claim term can have different constructions depending upon the context of how the term is used within the claims and specification."...more

The Curious Case Of Human Gene Patents

by Thomas Engellenner | Pepper Hamilton LLP on 5/22/2013

The U.S. Supreme Court heard oral arguments last month in the matter of Association for Molecular Pathology v. Myriad Genetics, a curious case that does not bode well for America’s biotechnology industry and could overturn 30...more

Pro Te Solutio - Vol. 6 No. 1 February 2013

by Hemant Gupta, Keishunna Randall, Travis Swearingen | Butler, Snow, O'Mara, Stevens and Cannada,... on 5/22/2013

In This Issue: - Can Experts Testify as to the Ethics or State of Mind of Corporate Defendants? - Patent Reform for Biotech Companies - United States v. Caronia and its Implications for Off-Label...more

CLS Bank v. Alice Corp. Leaves Rules for Patent-Eligibility of Computer-Implemented Inventions Unclear

by Samir Mehta | Armstrong Teasdale LLP on 5/22/2013

The Court of Appeals for the Federal Circuit issued a ruling on May 10 that may limit the subject matter eligibility of patent claims involving computer-implemented inventions. While legal practitioners had hoped this case,...more

CLS Bank Int'l v. Alice Corp. (Fed. Cir. 2013) (en banc) -- Chief Judge Rader's Concurrence-in-part and Dissent-in-part

by Michael Borella | McDonnell Boehnen Hulbert & Berghoff LLP on 5/21/2013

A previous post presented the background of this case, as well as Judge Lourie's plurality concurrence. As noted in that post, Alice's claimed inventions involved the reduction of settlement risk using a third-party...more

Pay Attention to the Expiration Date

by Scott & Scott, LLP on 5/21/2013

Scott & Scott, LLP attorney, Brian Von Hatten, shares a case illustrating the importance of paying attention to the expiration date in Master Service Agreements....more

Alice in Patentland II – Can a Look Across the Pond Help?

by Orlando Lopez | Burns & Levinson LLP on 5/21/2013

On May 10, 2013, the Federal Circuit (CAFC) issued their en-banc opinion(s) on CLS Bank Int’l v. Alice Corp. Alice, an Australian corporation, had appealed the decision of the District Court invalidating the claims for not...more

What Do Trademark Owners Need to Know About the Trademark Clearinghouse for New gTLDs?

by Bonnie Headley | Bennett Jones LLP on 5/20/2013

The Internet Committee for Assigned Names and Numbers (ICANN), a nonprofit organization that oversees the use of Internet domains, has recently implemented a new generic Top-Level Domain (gTLD) program for the purpose of...more

ITC Section 337 Update - May 15, 2013

by King & Spalding on 5/20/2013

Federal Circuit Affirms Commission Determination That Litigation Activities Unrelated To Licensing Do Not Satisfy Domestic Industry – On May 13, 2013, the Federal Circuit affirmed a January 2012 Commission determination that...more

Around the Virtual World: May 13-17, 2013

by Pillsbury Social Media, Entertainment &... on 5/20/2013

A weekly wrap up of interesting news about virtual worlds, virtual goods and other social media. In This Issue: - What's the Matter With Zynga? - Video game maker drops gun makers, not their guns -...more

Court Report -- May 19, 2013

by Sherri Oslick | McDonnell Boehnen Hulbert & Berghoff LLP on 5/20/2013

About Court Report: Each week we will report briefly on recently filed biotech and pharma cases. AbbVie Inc. v. Hetero USA Inc. et al. 1:13-cv-00852; filed May 15, 2013 in the District Court of Delaware - •...more

Litigation Alert: Federal Circuit Split on Patent Eligible Subject Matter Analysis

by Darren Donnelly, Enia Titova | Fenwick & West LLP on 5/20/2013

Last week, the Federal Circuit, sitting en banc, issued a much-anticipated decision in CLS Bank Int'l, et al., v. Alice Corporation Pty, Ltd. involving the test for when computer-related inventions are unpatentable "abstract...more

Patent Eligibility of Software Innovations After CLS Bank

by Richard Gervase Jr., Peter Snell | Mintz Levin - Intellectual Property on 5/20/2013

The en banc Court of Appeals for the Federal Circuit recently could not agree on the proper approach for determining whether software-based inventions constitute patent eligible subject matter under § 101 of the patent...more

CIS Legal Update - May 2013: Developing Russia’s Military-Industrial Complex

by Dechert LLP on 5/18/2013

On October 16, 2012 the President of the Russian Federation signed a federal law establishing the Advanced Research Foundation (“ARF”) , a specialized legal entity that will be responsible for research and development in the...more

Patent Exhaustion Rejected: Patented Seed Purchaser Has No Right to Make Copies

by Cynthia Chen, Paul Devinsky, Lincoln Mayer | McDermott Will & Emery on 5/17/2013

The Supreme Court in Bowman v. Monsanto Co. ruled unanimously that a farmer’s replanting of harvested seeds constituted making new infringing articles. While the case is important for agricultural industries, the Supreme...more

CLS Bank v. Alice Corp. Further Muddies §101 Patent Eligibility

by Warren Heit, Kevin McGann | White & Case LLP on 5/17/2013

On May 10, 2013, the Federal Circuit issued deeply divided opinions on the standards to be applied to determine patent eligibility of software and business method patents, further opening the door to challenges of such...more

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

by Kevin E. Noonan | McDonnell Boehnen Hulbert & Berghoff LLP on 5/17/2013

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

Court Report Supplement -- May 16, 2013

by Ann Palma | McDonnell Boehnen Hulbert & Berghoff LLP on 5/17/2013

About Court Report Supplement: Periodically, we will report on biotech and pharma cases that were inadvertently omitted from our Court Report column. Tawnsaura Group, LLC v. Direct Digital, LLCL: 8:13-cv-00004; filed...more

The New Generic Top-Level Domains and the New Trademark Clearinghouse: Deciding Whether to Register Your Brands

by Susan Neuberger Weller | Mintz Levin - Intellectual Property on 5/17/2013

The Internet Corporation for Assigned Names and Numbers (“ICANN”) is the organization that oversees domain names worldwide. It recently began accepting new applications for expanding the number of generic top-level domains...more

Demystifying European Antitrust Law

by Wilson Sonsini Goodrich & Rosati on 5/17/2013

In the first of a series of WSGR Alerts, the firm's Brussels attorneys outline the European Commission's proposed changes to the antitrust rules on licensing patents, software, know-how, and other intellectual property....more

CLS Bank: A Deeply Divided En Banc Federal Circuit Fails to Rule When Computer Claims are Invalid Under 35 U.S.C. § 101

by Monte Cooper, Robert Isackson, William Benjamin Tabler | Orrick, Herrington & Sutcliffe LLP on 5/16/2013

On May 10, 2013, the en banc Federal Circuit issued its highly anticipated decision in CLS Bank Int’l v. Alice Corp. Pty. Ltd., No. 2011-1301, concerning whether computer-implemented method and system claims are patent...more

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Intellectual Property › Science, Computers & Technology