Patent Law Weblog
Category: Federal Circuit
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By Kevin E. Noonan — The United States government (or at least that part of it constituting the Department of Justice) has filed an amicus curiae brief in the AMP v. USPTO case (Myriad) in which it advocates a change in policy regarding the patent-eligibility of isolated genomic DNA. Written by two DOJ officers with little…
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By Kevin E. Noonan — Myriad Genetics filed its appellant's brief in Association of Molecular Pathology v. U.S. Patent and Trademark Office last Friday, joined by the Directors of the University of Utah Research Foundation (Lorris Betz, Roger Boyer, Jack Brittain, Arnold B. Combe, Raymond Gesteland, James U. Jensen, John Kendall Morris, Thomas Parks, David W.…
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By Kevin E. Noonan — Appellees Becton, Dickinson & Co. and Nova Biomedical Corp. filed their responsive brief in Therasense, Inc. v. Becton, Dickinson & Co. on October 8th. While addressing the Federal Circuit's questions generally directed to its application of the inequitable conduct doctrine, appellees' brief is particularly focused on its main objective — having…
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By Kevin E. Noonan — Co-defendant Bayer Healthcare LLC has submitted its brief in the Federal Circuit's en banc reconsideration of inequitable conduct in Therasense Inc. v. Becton Dickinson & Co. The brief's basic argument is that the Court's application of the inequitable conduct doctrine needs to be revised in keeping with traditional standards and that…
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By Kevin E. Noonan — The Federal Circuit expanded the scope of Article III jurisdiction under the Declaratory Judgment Act (28 U.S.C. § 2201) in the Hatch-Waxman context in Teva Pharmaceuticals USA, Inc. v. Eisai Co., Ltd. Specifically, the Court held that listing patents on the Orange Book could provide a sufficient injury-in-fact for an…
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By Kevin E. Noonan — The Biotechnology Industry Organization (BIO) has joined the chorus of amici urging the Federal Circuit to rehear en banc (and overturn) a panel decision affirming an invalidity finding of Eli Lilly's U.S. Patent No. 6,464,826. The panel affirmed the District Court's determination that the claims of the '826 patent were…
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By Kevin E. Noonan — The Washington Legal Foundation (WLF), a self-styled "non-profit public interest law and policy center that regularly appears before federal and state courts to promote economic liberty, free enterprise, and a limited and accountable government," filed an amicus curiae brief on September 8th, urging the Federal Circuit to rehear en banc…
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By Donald Zuhn — On June 29, one day after issuing its decision in Bilski v. Kappos, the Supreme Court granted certiorari, vacated the Federal Circuit's decision below, and remanded to the appellate court two cases concerning medical diagnostic claims: Prometheus Laboratories, Inc. v. Mayo Collaborative Services and Classen Immunotherapies, Inc. v. Biogen Idec (see…
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By Donald Zuhn — In Daiichi Sankyo Co. v. Matrix Laboratories, Ltd., decided last Thursday, the Federal Circuit affirmed a determination by the District Court for the District of New Jersey that Matrix Laboratories, Ltd., Mylan Inc., Mylan Laboratories, Inc., and Mylan Pharmaceuticals, Inc. ("Mylan") failed to establish a prima facie case of obviousness with…
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By Kevin E. Noonan — Today the Federal Circuit reversed a priority determination in an interference over claims to human beta-interferon, in an opinion teeming with irony, déjà vu, anachronism, and the peculiar effects on outcome caused by the form of interference counts. Two interferences, Nos. 105,334 and 105,337 between Junior Party David Goeddel and…
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