IP Academy Newsletter- October 2011


Federal Circuit Reverses District Court Decision and Rules that Isolated DNA Sequences Are Patent-Eligible Subject Matter

In a recent decision, Ass’n for Molecular Pathology v. U.S. Patent and Trademark Office et al., No. 2010-1406 (Fed. Cir. July 29, 2011), the Federal Circuit held that isolated DNA sequences are patenteligible subject matter under 35 U.S.C. § 101 (Section 101).....

District Court Ruling

On March 29, 2010, the U.S. District Court for the Southern District of New York ruled in favor of the ACLU and held that Myriad’s claims reciting isolated BRCA1/2 breast cancer genes were invalid.....

On Remand from the Federal Circuit, the District Court in Lucent v. Microsoft Rules Lucent Again Failed to Properly Apply the Entire Market Value Rule

In another chapter of the long saga of the Lucent Technologies, Inc. v. Microsoft litigation, the U.S. District Court for Southern District of California (Judge Huff) (Case No. 07-CV-2000) in July granted in part and denied in part Microsoft’s motion in limine challenging Lucent’s supplemental expert report on damages.....

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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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