Patent Law Weblog
Category: International IP
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By Liz Cohen — Did you know that in the Unified Patent Court (UPC) a patentee will be able to get an injunction covering a market much bigger than the entire USA, in a procedure that lasts no longer than a year, at a hearing which lasts a day, by Judges who will largely be…
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By Kevin E. Noonan — The Obama Administration released the approved text of the Trans Pacific Partnership (TPP) agreement last week, and it is substantially (and perhaps entirely; there has not been sufficient time to compare) the same as the Wikileaks' version released weeks ago, at least with regard to the intellectual property provisions (see…
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By Kevin E. Noonan — The diplomats negotiating the Trans Pacific Partnership (TPP) agreement have done the seemingly impossible: they have kept the details of the draft agreement secret from the press and public in the United States, Canada, Mexico, Australia, Singapore, Malaysia, Japan, Chile, Peru, Vietnam, New Zealand, and Brunei Darussalam (as well as…
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By Karen Sinclair — 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, but also to go further to rule out the patent-eligibility of cDNA. The Court bought the…
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By Tania Obranovich –- 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 today handed down a unanimous judgement overturning this decision. This highly anticipated decision reverses decades of accepted…
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D'Arcy v. Myriad Genetics Inc & Anor [2015] HCA 35 By Claire Gregg & Martin O'Brien — 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 subject matter in Australia. Following a five-judge unanimous decision of the…
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D'Arcy v Myriad Genetics Inc [2015] HCA 35 By Bindhu Holavanahalli* and Gary Cox** — 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 of Myriad Genetics Inc's (Myriad) patent. Those claims related to…
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By Claire Gregg & Martin O'Brien — The High Court of Australia today heard the long anticipated appeal from the unanimous decision of a 5-judge bench of the Full Federal Court to allow Myriad's claims to isolated nucleic acids1. The question before the High Court is whether the invention claimed in claims 1-3 of Australian…
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By Dr. Shoichi Okuyama* — Product-by-process claim drafting and interpretation practice were greatly modified by the Pravastatin Sodium Case decisions (Japan Supreme Court, June 5, 2015, Second Petty Bench, case Nos. 2012(ju)1204 and 2012(ju)2658). Japan's highest court reversed the Grand Panel of the IP High Court; two points were emphasized in the opinion of the…
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By Kevin E. Noonan — On April 30th, Ambassador Michael B.G. Froman, U.S. Trade Representative (USTR) issued the 2015 Special 301 Report. According to the USTR website, "[m]ade-in-America exports are an essential source of economic growth and well-paying, Middle Class jobs in the United States." Further, "American innovation and creativity are a cornerstone of our economic…
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