Intellectual Property Newsletter - June 2012


In This Issue:


- P1 Supreme Court Opinion on “Law of Nature” Doctrine Creates Uncertainty for Biotechnology and Diagnostics Patents

- P6 WildTangent v. Ultramercial: Subject Matter Eligibility after Mayo

- P8 A Reasonable Defense To Patent Infringement? Federal Circuit Holds That The Judge Decides, And That May Be Good News For Accused Infringers


- P10 New Customs Regulations Permit Disclosure Of Samples And Other Information To Combat Counterfeit Articles

Excerpt from WildTangent v. Ultramercial: Subject Matter Eligibility after Mayo:

Where precisely shall the line be drawn between patentable subject matter and unpatentable laws of nature or abstract ideas? Earlier this year, the Supreme Court revived the jurisprudence in this field with its unanimous decision on March 20 in Mayo Collaborative Services v. Prometheus Laboratories, Inc. 556 U.S. ____ (2012), invalidating a patent claim relating to dosing processes for medicine.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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