Patents

Court Report Supplement -- May 16, 2013

by Ann Palma | McDonnell Boehnen Hulbert & Berghoff LLP on 5/17/2013

About Court Report Supplement: Periodically, we will report on biotech and pharma cases that were inadvertently omitted from our Court Report column. Tawnsaura Group, LLC v. Direct Digital, LLCL: 8:13-cv-00004; filed...more

CLS Bank: A Deeply Divided En Banc Federal Circuit Fails to Rule When Computer Claims are Invalid Under 35 U.S.C. § 101

by Monte Cooper, Robert Isackson, William Benjamin Tabler | Orrick, Herrington & Sutcliffe LLP on 5/16/2013

On May 10, 2013, the en banc Federal Circuit issued its highly anticipated decision in CLS Bank Int’l v. Alice Corp. Pty. Ltd., No. 2011-1301, concerning whether computer-implemented method and system claims are patent...more

Patent Watch: Sanofi-Aventis Deutschland GmbH v. Genentech, Inc.

by Lawrence M. Sung | BakerHostetler on 5/16/2013

On May 10, 2013, in Sanofi-Aventis Deutschland GmbH v. Genentech, Inc., the U.S. Court of Appeals for the Federal Circuit (Rader, Dyk, Reyna*) affirmed the district court's denial of Genentech's motion to enjoin Sanofi from...more

CLS Bank Int'l v. Alice Corp. (Fed. Cir. 2013) (en banc) -- Judge Lourie's Concurrence

by Michael Borella | McDonnell Boehnen Hulbert & Berghoff LLP on 5/16/2013

On May 10, the Federal Circuit handed down a much anticipated en banc ruling regarding the patent eligibility of computer-implemented inventions under 35 U.S.C. § 101. In a per curiam opinion that is perhaps the most...more

Supreme Court Rules in Patent Exhaustion Case: Farmer’s Use of Second Generation Seed Constitutes Infringement

by K. Scott O'Brian | McNees Wallace & Nurick LLC on 5/16/2013

On May 13, 2013, the U.S. Supreme Court unanimously ruled that patent exhaustion does not bar an infringement claim in a case involving a farmer who reproduced patented seeds by planting and harvesting second generation seeds...more

Supreme Court Finds for Monsanto in Seed Harvesting Case

by Courtenay C. Brinckerhoff | Foley & Lardner LLP on 5/16/2013

In Bowman v. Monsanto Co., the Supreme Court held that the doctrine of patent exhaustion does not give a farmer who has bought patented seeds the right to “reproduce” them through planting and harvesting without the patent...more

Don’t Blame the Bean: The Monsanto Patent Decision

by Field Law on 5/16/2013

In the case of Bowman v. Monsanto Company (May 13, 2013), the US Supreme Court has weighed into this thorny field, and on Monday it delivered a unanimous judgment upholding the rights in Monsanto’s patented soybeans. (See our...more

U.S. Supreme Court Qualifies Patent Exhaustion

by Melissa Hunter-Ensor, Ph.D., Peter Lauro | Saul Ewing LLP on 5/16/2013

On May 13, 2013, the U.S. Supreme Court, in the case of Bowman v. Monsanto, decided whether a soybean farmer infringed Monsanto’s patent by replanting patented soybeans harvested from previous crops. The Court unanimously...more

Federal Circuit Refuses To Enjoin International Arbitration Of Patent Claims

by Liz Kramer | Leonard, Street and Deinard - Arbitration... on 5/16/2013

Just after I posted about the awesome power of federal courts to enjoin other cases, the Federal Circuit reminds us the power is not absolute....more

Publications Patent Exhaustion Does Not Apply to the Reproduction of Patented Seeds

by Erik Olson, Stephanie Skaff | Farella Braun + Martel LLP on 5/15/2013

On May 13, the United States Supreme Court issued its decision in Bowman v. Monsanto Co., 569 U.S. ___ (2013), which concerned whether and how patent exhaustion applies to self-replicating patented articles. Monsanto...more

Patent Watch: Motiva, LLC. v. Int'l Trade Comm'n

by Lawrence M. Sung | BakerHostetler on 5/15/2013

The "Commission is fundamentally a trade forum, not an intellectual property forum" [and] litigation expenses directed at preventing, instead of encouraging manufacture of, articles incorporating patented technology does not...more

Bowman v. Monsanto: Self-Replicating Biotech and Software Left at the Alter?

by Robert Isackson | Orrick, Herrington & Sutcliffe LLP on 5/15/2013

Today, in a case having the potential to upset the agricultural biotech industry, Justice Elena Kagan delivered the U.S. Supreme Court’s unanimous decision rejecting farmer Vernon Hugh Bowman’s patent exhaustion defense....more

MBHB Snippets: Review of Developments in Intellectual Property Law - Spring 2013 - Volume 11, Issue 2: Implementing the New Micro...

by Joshua Bosman, Gregory Huffman | McDonnell Boehnen Hulbert & Berghoff LLP on 5/15/2013

As part of new rules introduced by the Leahy-Smith America Invents Act (AIA), a new section that defines a “micro entity” was added to Title 35 of the United States Code. As a subset of small entity status, micro entity...more

Patent Watch: CLS Bank Int'l v. Alice Corp.

by Lawrence M. Sung | BakerHostetler on 5/15/2013

[T]hough much is published today discussing the proper approach to the patent eligibility inquiry, nothing said today beyond our judgment has the weight of precedent....more

Federal Circuit Issues Decision on Section 101 Patent Eligibility of Computer-Implemented Inventions

by Eugene Mar, Stephanie Skaff, Rochelle Lee Woods | Farella Braun + Martel LLP on 5/15/2013

On May 10, 2013, the Federal Circuit issued its en banc decision in CLS Bank Int’l v. Alice Corp. (Case No. 2011-1301), a closely watched dispute regarding the standard for patent eligibility under 35 U.S.C. § 101. The per...more

En Banc Federal Circuit Issues Five Opinions in CLS Bank International v. Alice Corporation

by Paul Devinsky, Gregory Rabin | McDermott Will & Emery on 5/15/2013

The long-awaited decision held that method, computer-readable medium and system claims for technology related to “the management of risk relating to specified, yet unknown, future events” were not directed to patentable...more

The Myriad Case and "Gene" Patents: Much Ado about Nothing?

by Kevin E. Noonan | McDonnell Boehnen Hulbert & Berghoff LLP on 5/15/2013

The biggest concern of the biotechnology industry caused by the impending Supreme Court decision in the AMP v. Myriad Genetics case is the threat to existing patents having claims to isolated human DNA (and the DNA from other...more

Legal Alert: Monsanto Ruling Protects Innovators of Self-Replicating Biotechnology

by William Warren, David Wigley, Ph.D. | Sutherland Asbill & Brennan LLP on 5/15/2013

On May 13, 2013, a unanimous U.S. Supreme Court held in Monsan to v. Bowman that the doctrine of patent exhaustion does not permit a farmer to reproduce patented seeds for planting and harvesting without the patent holder's...more

Differences Between Australian And South African Patent Practice And Law

by Christel Wolmarans | Freehills Patent Attorneys on 5/15/2013

The South African economy is the largest in Africa, contributing approximately 18% to the African Gross Domestic Product in terms of PPP. ...more

If Patented Technology Can Copy Itself, When Do Patent Rights Cease?

by Mary Anthony Merchant, Ph.D., Matthew Weaver | Ballard Spahr LLP on 5/15/2013

Patent rights in a patented self-replicating technology, such as seeds, continue until the patent term is ended and not before. On May 13, the U.S. Supreme Court ruled in Bowman v. Monsanto that the patent rights in seeds are...more

Patent Exhaustion Doctrine Does Not Protect Farmers Who Replant Patented Seeds

by Howard Ullman on 5/15/2013

In a brief, unanimous opinion written by Justice Kagan, the Supreme Court yesterday agreed with Monsanto that the patent exhaustion doctrine does not enable farmers to replant and reproduce patented seeds without the...more

Patent Watch: Bowman v. Monsanto Co.

by Lawrence M. Sung | BakerHostetler on 5/14/2013

On May 13, 2013, in Bowman v. Monsanto Co., the U.S. Supreme Court upheld the Federal Circuit's affirmance of the district court's judgment that Bowman infringed U.S. Patents No. 5,352,605 and No. RE39,247, which related to...more

Bowman v. Monsanto: Crisis Averted on IP Protection for Self-Replicating Technologies

by Matthew Alan Chivvis, Matthew Kreeger, Michael R. Ward | Morrison & Foerster LLP on 5/14/2013

Life science companies in general (and seed companies in particular) are breathing a sigh of relief following the Supreme Court’s decision yesterday in Bowman v. Monsanto. As Bowman wended its way through district...more

Bowman v. Monsanto Co. (2013)

by Donald Zuhn | McDonnell Boehnen Hulbert & Berghoff LLP on 5/14/2013

Today, in Bowman v. Monsanto Co., the Supreme Court determined that the doctrine of patent exhaustion did not permit a farmer who buys patented seeds to reproduce them through planting and harvesting without the patent...more

Federal Circuit Fails to Set Clear Standard for Patent Eligibility

by C. Erik Hawes | Morgan Lewis on 5/14/2013

In an opinion that was poised to set a single standard governing the patent eligibility of computer-implemented inventions, no majority is reached....more

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