Earlier this summer, in Ariosa Diagnostics, Inc. v. Sequenom, Inc., the Federal Circuit affirmed a decision by the District Court for the Northern District of California granting summary judgment of invalidity of the asserted...more
9/16/2015
/ Amicus Briefs ,
AMP v Myriad ,
Claim Construction ,
CLS Bank v Alice Corp ,
En Banc Review ,
Mayo v. Prometheus ,
Patent Infringement ,
Patent Litigation ,
Patent-Eligible Subject Matter ,
Patents ,
Petition For Rehearing ,
SCOTUS ,
Sequenom
Sandoz successfully (at least for now) has overcome conventional wisdom, the plain language of the Biologics Price Competition and Innovation Act (BPCIA) (or, at least those provisions regarding patent litigation) and Amgen...more
9/3/2015
/ Biologics ,
Biosimilars ,
BPCIA ,
Federal Trade Commission (FTC) ,
FTC v Actavis ,
Injunctions ,
Patent Infringement ,
Patent Litigation ,
Patents ,
Pharmaceutical Patents ,
Sandoz ,
Sandoz v Amgen ,
SCOTUS
In the 1977 Yale Law School Holiday Pageant there was a skit about the Supreme Court, with a song sung to the tune of Cole Porter's "Another Opening, Another Show" from the musical Kiss Me Kate...
...That parody...more
The Supreme Court handed down its decision in Commil USA, LLC v. Cisco Systems, Inc. today and in doing so reprised several themes that have emerged over the past decade of the Court's activist approach to patent law. The...more
5/27/2015
/ Cisco v CommilUSA ,
Frivolous Lawsuits ,
Good Faith ,
Honest Belief Defense ,
Induced Infringement ,
Patent Infringement ,
Patent Invalidity ,
Patent Litigation ,
Patents ,
Sanctions ,
SCOTUS
Any observer of the interaction between the Federal Circuit and the Supreme Court over the past decade has recognized that the Court has become increasingly critical of the Federal Circuit's patent jurisprudence and of...more
The Federal Circuit availed itself of another opportunity to demonstrate that the Supreme Court's recent decision in Teva v. Sandoz may be relevant in cases that are the exception rather than the rule. The Federal Circuit's...more
There has always been a tension between the need for a final arbiter of the law and the inherent power associated with such a role placed in the judicial branch. Jefferson himself was wary of this tendency, writing in a...more
In the aftermath of the Supreme Court's decision in AMP v. Myriad Genetics in 2013, Myriad (paradoxically to those either not paying attention or who over interpreted the scope of the Court's holding in its opinion) filed...more
1/28/2015
/ AMP v Myriad ,
Covenant Not to Sue ,
Declaratory Judgments ,
DNA ,
Genetic Testing ,
Multidistrict Litigation ,
Myriad ,
Myriad v Ambry ,
Patent Infringement ,
Patent Litigation ,
Patents ,
SCOTUS ,
Settlement Agreements
Supreme Court Building #3It has escaped almost no one's notice that the Supreme Court has spent the past decade or so being much more involved in patent law than in preceding twenty years. Evident but perhaps less discussed...more
The recent history of Supreme Court patent cases has made the dissent a seemingly endangered species, the Court consistently deciding important patent cases by 9-0 votes and, at best, garnering concurring opinions for...more
Federal Trade Commission Chairwoman Edith Ramirez and Debbie Feinstein, Director of the Commission's Bureau of Competition, held a thirty-minute press conference on Monday to discuss the latest foray in the Commission's...more
In This Issue:
- The Analysis for Design Patent Infringement Post-Egyptian Goddess
- Supreme Court Issues Decision in Alice Corp. v. CLS Bank
- Capitol Records, LLC v. Pandora Media, Inc.: Future of...more
8/27/2014
/ Capitol Records ,
CLS Bank v Alice Corp ,
Copyright ,
Design Patent ,
Digital Media ,
Music Industry ,
Pandora ,
Patent Infringement ,
Patent Litigation ,
Patents ,
Prior Art ,
SCOTUS
There's an old saying that “bad facts make bad law,” acknowledging that a court's decisions regarding extreme cases can result in law poorly adapted to less extreme cases. The Supreme Court's recent trio of 35 U.S.C. § 101...more
The Supreme Court has made a sport of reversing the Federal Circuit over the past decade or so, and other than reserved (and sometimes not so reserved) statements by members of the lower court, the Federal Circuit has...more
Last month at the BIO convention, Randy Kubetin, Managing Editor of Bloomberg BNA's Life Sciences Law & Industry Report moderated a panel entitled "Patent Eligibility from the Trenches: Practical Implications of the Supreme...more
Sounding an appropriately alarmist note, the Bureau of National Affairs (BNA) Life Sciences Law and Industry Report issues the results of a study on how the U.S. Patent and Trademark Office is administering its March 4, 2014...more
This morning, in Alice Corp. v. CLS Bank, the Supreme affirmed the Federal Circuit's per curiam opinion in CLS Bank v. Alice Corp. in a unanimous opinion by Justice Thomas with a concurring opinion by Justice Sotomayor joined...more
6/20/2014
/ Alice Corporation ,
Bilski ,
CLS Bank ,
CLS Bank v Alice Corp ,
Mayo v. Prometheus ,
Patent Litigation ,
Patent-Eligible Subject Matter ,
Patents ,
Risk Mitigation ,
SCOTUS ,
Software
In the universe of the toxic interplay between the Federal Circuit and the Supreme Court, an affirmance or even a begrudging acknowledgement of the Federal Circuit's "special expertise" in patent law has become as rare as the...more
Last week, Sherry Knowles, former chief patent counsel for GlaxoSmithKline and now principal at Knowles Intellectual Property Strategies, LLC submitted to Managing Intellectual Property magazine a detailed critique of the...more
The U.S. Patent and Trademark Office recently issued (without public notice or opportunity to comment) its interpretation of the standards for subject matter eligibility in view of the Supreme Court's recent decisions in Mayo...more
Earlier this week, Sequenom, Inc. filed its opening brief in Ariosa Diagnostics, Inc. v. Sequenom, Inc., appealing summary judgment that its licensed claims to a genetic diagnostic method for detecting fetal diseases and...more
1/31/2014
/ DNA ,
Genetic Materials ,
Genetic Testing ,
Human Genes ,
Mayo v. Prometheus ,
Patent Applications ,
Patent Litigation ,
Patent-Eligible Subject Matter ,
Patents ,
SCOTUS ,
Section 101 ,
Sequenom ,
Summary Judgment
On Tuesday, we presented a live webinar on the "Top Patent Law Stories of 2013." The webinar covered ten of the fourteen stories that made it onto Patent Docs seventh annual list of top biotech/pharma patent stories. Posts...more
1/24/2014
/ 23andMe ,
America Invents Act ,
AMP v Myriad ,
Biotechnology ,
Bowman v Monsanto ,
FTC v Actavis ,
Innovation Act ,
Life Sciences ,
Monsanto ,
Myriad ,
Patent Infringement ,
Patent Litigation ,
Patent Reform ,
Patent Trolls ,
Patents ,
Pharmaceutical Industry ,
SCOTUS
In a move that will surprise almost no one (except perhaps members of the Supreme Court majority in FTC v. Actavis), the Federal Trade Commission has filed an amicus curiae brief with the District Court of New Jersey in In re...more
The Federal Circuit, in a split decision, affirmed denial of motions to dismiss on jurisdictional grounds and Federal Court joinder rules in University of Utah v. Max-Planck-Gesellschaft zur Forderung der Wiessenschaften e.V...more
Asserts Affirmative Defenses and Antitrust Counterclaims and Asks for Declaratory Judgment -
On Monday Ambry filed its Answer to Myriad's complaint for patent infringement, and asserted patent misuse as an affirmative...more
8/8/2013
/ Ambry ,
AMP v Myriad ,
Antitrust Litigation ,
DNA ,
Genetic Materials ,
Human Genes ,
Myriad ,
Patent Infringement ,
Patent-Eligible Subject Matter ,
Patents ,
SCOTUS ,
Sherman Act ,
The Clayton Act ,
USPTO