Intellectual Property, Science, Computers & Technology, Civil Procedure

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

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

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

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

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

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

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

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

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

CLS Bank Int'l v. Alice Corp. (Fed. Cir. 2013) (en banc) -- Judge Lourie's Concurrence

by Michael Borella | McDonnell Boehnen Hulbert & Berghoff LLP on 5/16/2013

On May 10, the Federal Circuit handed down a much anticipated en banc ruling regarding the patent eligibility of computer-implemented inventions under 35 U.S.C. § 101. In a per curiam opinion that is perhaps the most...more

Patent Watch: Motiva, LLC. v. Int'l Trade Comm'n

by Lawrence M. Sung | BakerHostetler on 5/15/2013

The "Commission is fundamentally a trade forum, not an intellectual property forum" [and] litigation expenses directed at preventing, instead of encouraging manufacture of, articles incorporating patented technology does not...more

Patent Watch: CLS Bank Int'l v. Alice Corp.

by Lawrence M. Sung | BakerHostetler on 5/15/2013

[T]hough much is published today discussing the proper approach to the patent eligibility inquiry, nothing said today beyond our judgment has the weight of precedent....more

Federal Circuit Issues Decision on Section 101 Patent Eligibility of Computer-Implemented Inventions

by Eugene Mar, Stephanie Skaff, Rochelle Lee Woods | Farella Braun + Martel LLP on 5/15/2013

On May 10, 2013, the Federal Circuit issued its en banc decision in CLS Bank Int’l v. Alice Corp. (Case No. 2011-1301), a closely watched dispute regarding the standard for patent eligibility under 35 U.S.C. § 101. The per...more

En Banc Federal Circuit Issues Five Opinions in CLS Bank International v. Alice Corporation

by Paul Devinsky, Gregory Rabin | McDermott Will & Emery on 5/15/2013

The long-awaited decision held that method, computer-readable medium and system claims for technology related to “the management of risk relating to specified, yet unknown, future events” were not directed to patentable...more

If Patented Technology Can Copy Itself, When Do Patent Rights Cease?

by Mary Anthony Merchant, Ph.D., Matthew Weaver | Ballard Spahr LLP on 5/15/2013

Patent rights in a patented self-replicating technology, such as seeds, continue until the patent term is ended and not before. On May 13, the U.S. Supreme Court ruled in Bowman v. Monsanto that the patent rights in seeds are...more

Patent Exhaustion Doctrine Does Not Protect Farmers Who Replant Patented Seeds

by Howard Ullman on 5/15/2013

In a brief, unanimous opinion written by Justice Kagan, the Supreme Court yesterday agreed with Monsanto that the patent exhaustion doctrine does not enable farmers to replant and reproduce patented seeds without the...more

Patent Watch: Bowman v. Monsanto Co.

by Lawrence M. Sung | BakerHostetler on 5/14/2013

On May 13, 2013, in Bowman v. Monsanto Co., the U.S. Supreme Court upheld the Federal Circuit's affirmance of the district court's judgment that Bowman infringed U.S. Patents No. 5,352,605 and No. RE39,247, which related to...more

Bowman v. Monsanto: Crisis Averted on IP Protection for Self-Replicating Technologies

by Matthew Alan Chivvis, Matthew Kreeger, Michael R. Ward | Morrison & Foerster LLP on 5/14/2013

Life science companies in general (and seed companies in particular) are breathing a sigh of relief following the Supreme Court’s decision yesterday in Bowman v. Monsanto. As Bowman wended its way through district...more

Bowman v. Monsanto Co. (2013)

by Donald Zuhn | McDonnell Boehnen Hulbert & Berghoff LLP on 5/14/2013

Today, in Bowman v. Monsanto Co., the Supreme Court determined that the doctrine of patent exhaustion did not permit a farmer who buys patented seeds to reproduce them through planting and harvesting without the patent...more

Federal Circuit Fails to Set Clear Standard for Patent Eligibility

by C. Erik Hawes | Morgan Lewis on 5/14/2013

In an opinion that was poised to set a single standard governing the patent eligibility of computer-implemented inventions, no majority is reached....more

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Intellectual Property › Science, Computers & Technology › Civil Procedure