News & Analysis as of

News from Abroad: Australian High Court Has Ruled in Myriad Gene Patent Case

The Australian High Court yesterday unanimously overturned six lower court judges and dismissed some very careful reasoning to not only follow the U.S. Supreme Court in invalidating claims to the BRCA1 and 2 gene sequences,...more

News from Abroad: High Court Rules Myriad's BRCA Genes Not Patentable Subject Matter in Australia

Just over one year after the Full Federal Court of Australia unanimously upheld an earlier Federal Court decision that naturally occurring nucleic acid molecules are patentable in Australia, the High Court of Australia has...more

Physiology/Medicine Nobels Awarded for Discoveries of “Natural Products”

In re Roslin Institute, a Fed. Cir. panel consisting of Judges Dyk, Moore and Wallach ruled that methods of isolating cffDNA were not patent eligible. Judge Dyk, writing for the panel endorsed the “markedly different”...more

Omitted Inventors May Have Standing To Seek Patent Correction Based On “Reputational” Injury

The U.S. Court of Appeals for the Federal Circuit recently ruled that a plaintiff not named as a joint inventor on several patents and pending patent applications has standing to maintain an action to correct inventorship...more

Structure and Connectivity in Patent Claims

Patent claims are commonly understood to define the structure of an invention, and claim limitations should delineate the connections and relationships among claim elements. Occasionally, claims are rejected during...more

IP Newsflash - Otober 2015 #2

FEDERAL CIRCUIT CASES - Federal Circuit Reversed a District Court’s Grant of Summary Judgment for Lack of Standing in an Inventorship Dispute - On October 2, 2015, the Federal Circuit reversed a district court’s...more

Better Early than Never: SDNY Dismisses Lawsuit over Patent Settlement where Generics were Granted Early-Entry Licenses with...

On September 22, Judge Ronnie Abrams of the Southern District of New York dismissed an antitrust lawsuit against Takeda Pharmaceuticals and three generic drug manufacturers based on settlements they had reached regarding a...more

Australia High Court Rules Against Gene Patents

Colleagues in Australia have been spreading the bad news: The High Court of Australia followed the lead (?) of the U.S. Supreme Court and determined that Myriad cannot patent the isolated BRCA1 gene in Australia. Thanks to...more

A Perfect Storm for Automotive Patent Disputes?

As the automotive industry rebounds from its recessionary levels to an all time record level of spending on vehicles and healthy profitability, one of the key drivers of the increased vehicles sales has been increased...more

Trans-Pacific Partnership Agreement Features Key Developments in Intellectual Property and Information Technology

On October 5, the 12 Trans-Pacific Partnership (“TPP”) countries announced that they had resolved all remaining issues and reached a final agreement on the long-anticipated regional free-trade agreement. As King & Spalding...more

MoFo IP Newsletter - October 2015

The Survey Says: Tiffany Is Not Generic for A Ring Setting - Last month, the Southern District of New York granted summary judgment to Tiffany & Co. on its trademark infringement claim against Costco Wholesale...more

News from Abroad: Isolated Nucleic Acids Not Patentable in Australia

D'Arcy v. Myriad Genetics Inc & Anor [2015] HCA 35 - The High Court of Australia today handed down its decision in D'Arcy v Myriad, deciding once and for all that isolated nucleic acids do not define patent-eligible...more

Expect Focus – International, Summer 2015

In This Issue: - TTIP’s Impact on U.S. and EU Trade Relations - Proposed Innovation Box Legislation - Justice Department Recovers Nearly $6 Billion From False Claims Act Cases in 2014 - Rules...more

News from Abroad: Isolated Gene Sequences Suffer A Cruel Fate in the Hands of the High Court of Australia

D'Arcy v Myriad Genetics Inc [2015] HCA 35 - The High Court of Australia has today handed down its decision in D'Arcy v Myriad Genetics Inc [2015] HCA 35, unanimously striking down the validity of the first three claims...more

Patentee’s Admission that Certain Technology Is Prior Art, Without More, Is Not a Ground of Unpatentability in IPR Petition -...

Addressing the statutory requirements for prior art in an inter partes review (IPR) petition, the Patent Trial and Appeal Board (PTAB or Board) dismissed the IPR petition, finding that written admissions in the challenged...more

Cleantech and solar photovoltaic innovation – an area of opportunity for the mining industry

The Australian Renewable Energy Agency’s (ARENA) funding priorities for new investment represent an area of opportunity for the mining industry. While investment in clean technology may, on the surface, seem at odds with the...more

Claims Are Construed In Pharma Case

Orexo AB, et al. v. Actavis Elizabeth LLC, C.A. No. 14-829 – LPS, October 6, 2015. Stark, C. J. Claim construction opinion issues regarding four terms from two patents. ...more

The 3D Printing Revolution: Prepare for the Risks, Leverage the Opportunities

3D printing is not just for tchotchkes anymore. Technological advancement paired with decreasing costs to build and/or purchase 3D printers create the perfect storm for the next industrial revolution. ...more

District Court Excludes 15 Prior Art References Not Disclosed in Invalidity Contentions

In this patent infringement action, Plaintiffs filed motions in limine to exclude 15 prior art references that defendants intend to use to show the state of the art pertinent to the patents-in-suit. Defendants included the 15...more

Federal Circuit Affirms Invalidity and Non-Infringement of Patent for Compound Used to Ameliorate Effects of Cancer Treatment

On October 2, 2015, the Federal Circuit affirmed a district court’s holding (1) that a substantially pure compound would have been obvious when a lesser pure compound (“the 50/50 mixture”) and the pure compound were known in...more

PTAB Continues to Evolve Its Covered Business Method Patent Jurisprudence - International Internet Technologies, LLC and Red Rock...

In two related decisions, the Patent Trial and Appeal Board (PTAB or Board) determined that patents directed to a personal computer interactive lottery/casino type game that allows players to purchase game tickets in the form...more

Insurance Form Processing Qualifies As A “Financial Service or Product” for CBM Review - Care N’ Care Insurance Company, Inc. and...

In a series of decisions addressing whether an abstract idea involves “financial product or service” in the context of covered business method (CBM) reviews, the Patent Trial and Appeal Board (PTAB or Board) found all of the...more

Standing Conferred Only to a Privy of the Petitioner - Acxiom Corporation v. Phoenix Licensing, LLC

Addressing the issue of standing, the Patent Trial and Appeal Board (PTAB or Board) denied institution of a covered business method (CBM) patent review, finding that the petitioner failed to provide sufficient proof...more

Business Litigation Report - September 2015

Alleging Fraud in a Financial Crisis: The Second Circuit Articulates a Less Stringent Pleading Standard for Loss Causation: Loss causation has emerged as a central obstacle to post-financial-crisis fraud cases. The loss...more

PTO Releases Report on Confirmatory Genetic Diagnostic Testing

More than three years after the June 15, 2012 deadline for providing it, the U.S. Patent and Trademark Office has issued its report on so-called "second opinion" genetic diagnostic testing, mandated by Section 27 of the...more

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