Patent Law Weblog
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- Reasons for the PTAB’s Priority Determination in Broad’s Favor (Perhaps)
- Mexico Publishes Amendments to Intellectual Property Law
- PTAB (Again) Awards Priority of Invention to Broad in Interference No. 106,115
- Argentina Repeals Pharmaceutical Patent Examination Guidelines
- USPTO Moves to Protect Design Rights for Digital Innovations
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Category: District Court
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By Kevin E. Noonan — Myriad Genetics, for itself as well as the named defendant Directors of the University of Utah Research Foundation, filed a Notice of Appeal today in Association for Molecular Pathology v. U.S. Patent and Trademark Office. As a consequence, the decision by Judge Robert Sweet holding that patents to human…
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By Donald Zuhn — On Monday, the District Court for the Southern District of New York ruled in favor of the plaintiffs in Association of Molecular Pathology v. U.S. Patent and Trademark Office, finding the claims of several patents directed to the BRCA1 and BRCA2 genes invalid as encompassing non-statutory subject matter (see "Round…
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Association of Molecular Pathology v. U.S. Patent and Trademark Office By Kevin E. Noonan — Not surprisingly, Judge Robert W. Sweet of the Southern District of New York ruled in favor of the plaintiffs today in Association of Molecular Pathology v. U.S. Patent and Trademark Office, granting partial summary judgment that the claims of…
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By Kevin E. Noonan — Several weeks ago, U.S. District Court Judge Robert W. Sweet denied the U.S. Patent and Trademark Office's motion to dismiss the ACLU-sponsored lawsuit aiming for a human gene patenting ban (see "BRCA Patent Suit to Continue in Southern District of New York"). Just before Christmas, the Office filed another…
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By Kevin E. Noonan — Judge Robert W. Sweet of the Southern District of New York ruled against the defendants' motions to dismiss in Association for Molecular Pathology v. U.S. Patent and Trademark Office (see Opinion). The defendants brought these motions under Federal Rules of Civil Procedure 12(b)(1) (for lack of subject matter jurisdiction),…
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By Donald Zuhn — Shortly before leaving the U.S. Patent and Trademark Office, former Director Jon Dudas was served with three last complaints from patentees seeking additional Patent Term Adjustment (PTA) for their patents. The three complaints bring the number of 35 U.S.C. § 154(b)(4)(A) actions to 14, involving 15 patentees and 21 separate…
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By Donald Zuhn — Last month, Medarex, Inc., Eurand, Inc., and Alexion Pharmaceuticals, Inc. joined the growing list of patentees that have filed complaints against U.S. Patent and Trademark Office Director Jon Dudas alleging that the Patent Office miscalculated the Patent Term Adjustment (PTA) for their patents. Medarex, Eurand, and Alexion became the eighth,…
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By Donald Zuhn — Yesterday, we counted down stories #9 to #6 of the top stories covered at Patent Docs in 2008 (see "Top Stories of 2008: #9 to #6"), and on New Year's Day, we listed stories #13 to #10 (see "Top Stories of 2008: #13 to #10"). Today, we conclude our second…
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By Donald Zuhn — As we reported yesterday, Director Jon Dudas of the U.S. Patent and Trademark Office filed a Notice of Appeal in the District Court for the District of Columbia on November 28th, appealing the Court's decision in Wyeth v. Dudas to the United States Court of Appeals for the District of Columbia Circuit…
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By Donald Zuhn — Last Friday, U.S. Patent and Trademark Office Director Jon Dudas filed a Notice of Appeal in the District Court for the District of Columbia appealing the Court's September 30th decision in Wyeth v. Dudas to the United States Court of Appeals for the District of Columbia Circuit. Director Dudas challenges District Judge…
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