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The Supreme Court has consistently cautioned that the judicial exceptions to patent eligibility need to be carefully applied:
At the same time, we tread carefully in construing this exclusionary principle lest it...more
Japan Airlines Activities For US Government Cannot Infringe -
In IRIS CORP. v. JAPAN AIRLINES CORP., Appeal No. 2010-1051, the Federal Circuit affirmed a decision to dismiss due to a conflict of laws.
Last year in AMP v Myriad Genetics, the U.S. Supreme Court concluded that isolated, naturally occuring DNA are not patent eligible, which caused considerable consternation in the biotech community. However, this does not...more
The “Myriad-Mayo” patent subject matter eligibility guidance issued March 4, 2014 reflects the USPTO’s interpretation of Supreme Court cases interpreting and applying 35 USC § 101 to claims involving laws of nature, natural...more
In Actavis Group HF v. Eli Lilly & Co. the UK High Court has granted a declaration of non-infringement in the UK, France, Italy and Spain. A jurisdictional challenge in relation to the French, Italian and Spanish...more
There's a new job opening at the Supreme Court:
Job Description: Complete test of patent eligiblity sketched out by this Court’s decisions in Bilski v. Kappos and Mayo v. Prometheus. Self starter required: must be...more
In December, the Supreme Court granted certiorari in CLS Bank Int’l v. Alice Corp., No. 13-298, in which the question presented by the petitioner is “[w]hether claims to computer-implemented inventions — including claims to...more
Attorney Julian Crump, Managing Member of Mintz Levin's London, UK office, talks about the differences between patent laws in the US and the EU and the importance of identifying those differences at the outset of the...more
Trade secret claims have historically derived from state common law causes of action and, subsequently, most states’ adoption of the Uniform Trade Secrets Act, which codifies that common law and generally proscribes the...more
On January 14, 2013, the U.S. Supreme Court refused to consider the U.S. Court of Appeals for the Federal Circuit's exclusion in Classen Immunotherapies, Inc. v. Biogen IDEC, 659 F.3d 1057 (Fed. Cir. 2011), of post-approval...more
On March 25, 2013, the U.S. Supreme Court heard oral argument in Federal Trade Commission v. Actavis, Inc. (Docket No. 12-416). The Actavis case centers around the debate over the type of antitrust analysis that should apply...more
Nevada Gaming Commission NOTICE OF REQUEST FOR COMMENTS AND/OR LANGUAGE ON REGULATIONS CONCERNING INTERSTATE AGREEMENTS FOR INTERACTIVE GAMING.
Section 6 of Assembly Bill 114 from the 2013 Legislative Session...more
The Supreme Court of the United States has granted the government’s petition for a writ of certiorari in FTC v. Watson Pharmaceuticals, agreeing for the first time to address the antitrust and patent law implications of...more
Joining the parties and amici with clear interests in resolving the circuit split created by the Third Circuit opinion in the K-Dur case (In re K-Dur Antitrust Litigation), the Washington Legal Foundation, self-described as...more
Joining the parties and amici with clear interests in resolving the circuit split created by the Third Circuit opinion in the K-Dur case (In re K-Dur Antitrust Litigation), two "public interest" groups have also filed amicus...more
The Generic Pharmaceutical Association (GPhA) filed an amicus brief in support of a grant of certiorari by the Supreme Court in the K-Dur case (In re K-Dur Antitrust Litigation). Characterizing the issue as being "profoundly...more
Did the Ninth Circuit “blow it” when it snubbed other courts and held that “exceeding authorized access” under the Computer Fraud and Abuse Act (CFAA) means nothing less than “hacking?”...more
Dechert LLP submitted an amicus brief to the Supreme Court of the United States on behalf of the Washington Legal Foundation urging the Court to review the Third Circuit’s decision in In re K-Dur Antitrust Litigation. K-Dur...more
The Pharmaceutical Research and Manufacturer's of America (PhRMA) have filed an amicus brief in support of a grant of certiorari by the Supreme Court in the K-Dur case (In re K-Dur Antitrust Litigation). Not surprisingly,...more
Last month, the Federal Trade Commission accomplished a decade-long goal: getting a Federal Circuit Court of Appeal (the 3rd Circuit) to support its position that so-called "reverse payments" (also known as "pay-for-delay"...more
Originally published on The National Law Review.
On July 16, 2012, the U.S. Court of Appeals for the Third Circuit announced its decision in In Re K-Dur Antitrust Litigation, a case involving so-called "reverse payment"...more
The federal Computer Fraud and Abuse Act, 18 U.S.C. § 1030, (CFAA) is — for most of corporate America — one of the most powerful weapons available to protect trade secrets. Like many state computer crimes laws, CFAA was...more
Rejecting the test established by three separate courts of appeal, the Third Circuit's recent decision in In re K-Dur Antitrust Litigation has created a circuit split regarding the legality of, and application of antitrust...more
On July 3, the Court of Justice of the European Union (CJEU) ruled that a sale of a digital copy of software exhausted the copyright owner's exclusive distribution rights to the copy under Europe's first sale doctrine. As a...more
The antitrust debate over the legality of "reverse payment" or "pay-for-delay" pharmaceutical patent settlements has raged on for over a decade. Last week's K-Dur decision has pushed this debate to the boiling point, as the...more
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