The Supreme Court handed down a unanimous decision today in Bowman v. Monsanto, holding the doctrine of patent exhaustion does not permit a farmer to reproduce patented seeds by replanting seeds after growing a first crop…more
The Federal Circuit has issued its CLS Bank decision on the eligibility of computer-implemented inventions for patenting. The decision is a stunner. To quote the Court, “No portion of any opinion issued … garners a majority. ……more
On April 15, 2013, the U.S. Supreme Court heard arguments in Association for Molecular Pathology (AMP) v. Myriad Genetics, Inc. At issue is the eligibility of Myriad’s patent claims to isolated DNA encoding BRCA1 polypeptides…more
On March 25, 2013, the Supreme Court heard oral arguments in Federal Trade Commission v. Actavis, a case involving a circuit split regarding “pay for delay” settlements within the pharmaceutical industry.
The Supreme Court…more
ICANN, the governing body of the Internet that is overseeing the rollout of new generic Top Level Domains (gTLDs), will launch its Trademark Clearinghouse on March 26, 2013. There are two gTLD-related services available to brand…more
The U.S. Supreme Court has just issued its decision in Kirtsaeng v. John Wiley & Sons, Inc.1, and its holding could have consequences on international sales and trafficking of copyrighted goods. In short, the Supreme Court held…more
On February 19, 2013, the Supreme Court heard oral arguments in Bowman v. Monsanto, a case in which Indiana farmer Bowman argued that purchaser’s rights should trump patent rights.
Bowman purchased commodity soybeans from a…more
The window for objecting to the approximately 1,900 new Generic Top Level Domain (gTLD) applications that are being considered for introduction to the Internet domain name system closes on March 13, 2013. The objection mechanism…more
On February 8, 2013, the U.S. Court of Appeals for the Federal Circuit reheard en banc the question whether computer-implemented business methods are eligible for a U.S. patent. The case, CLS Bank International v. Alice…more
Honorable U.S. District Judge Edmond E. Chang of the United States District Court for the Northern District of Illinois granted Banner & Witcoff’s motion for a preliminary injunction in favor of firm client August 8, 2012 --…more
The Federal Circuit heard arguments July 20, 2012 in the long-running dispute between The Association for Molecular Pathology and Myriad Genetics, Inc. (Myriad), which the Supreme Court returned to the Federal Circuit for…more
The application period for new generic top level domains (which will supplement existing gTLDs like “.com”) closed on May 30, 2012. On June 13, 2012, the Internet Corporation for Assigned Names and Numbers (ICANN), the…more
The new generic top-level domain application process launched in late 2011, and 2012 will bring a flurry of gTLD-related activities and deadlines. Here’s a look at some of the key milestones, along with a few strategies for…more
On September 16, 2011, President Obama signed into law the America Invents Act (AIA), which effectuated some of the most sweeping changes in the patent laws since the Patent Act of 1952. One such change under the AIA impacts a…more
Public Domain? – Maybe Not
When information enters the public domain it is free for anyone to use it – right? Maybe yes and maybe no. This uncertainty is likely the better answer in light of the recent decision by the…more
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