Patent Law Weblog
recent posts
- Why the Alice Test is Stupid, Part IV: The Usefulness Paradox
- Teva Capitulates to Federal Trade Commission Coercion
- USPTO Issues Memoranda on Subject Matter Eligibility
- USPTO Revokes Guidance on AI-Assisted Inventorship, But Rules Remain Basically the Same
- Why the Alice Test is Stupid, Part III: Eligible Independent Claims Can Have Ineligible Dependent Claims
about
Category: Licensing
-
By Donald Zuhn — A paper released by the Center for Technology Innovation at the Brookings Institution asserts that by relying on a technology transfer model based on patent licensing, only a few universities have been able to generate significant revenues, and in fact, most university technology transfer offices do not generate enough income to…
-
Editor's Note: Yesterday, we reported on a perspective, entitled "Patents, Profits, and the American People — The Bayh–Dole Act of 1980," that was published in the August 29 issue of the New England Journal of Medicine. Earlier today, we received an e-mail from Joseph Allen, who noted that he had authored a reply to the…
-
By Donald Zuhn — In a perspective published in the August 29 issue of the New England Journal of Medicine, Dr. Howard Markel outlines the events leading up to the enactment of the Bayh-Dole Act and states that "a review of [the Act's] origins and consequences supports the idea that policies governing the fast-changing worlds…
-
By Andrew Williams — On May 20, 2013, the Supreme Court granted certiorari in the Medtronic Inc. v. Boston Scientific Corp. case (Supreme Court docket number 12-1128). The sole issue on appeal is encapsulated by the question presented: QUESTION PRESENTED: In Medlmmune, Inc. v. Genentech, Inc., 549 U.S. 118, 137 (2007), this Court ruled that a…
-
By Kevin E. Noonan — Five years ago, the Supreme Court abrogated (in a footnote) the Federal Circuit's "reasonable apprehension of suit" standard governing when a plaintiff could bring a declaratory judgment suit against a patentee, typically for non-infringement and/or invalidity or unenforceability. The policy reason for the decision was reasonable, particularly for a Court…
-
By Donald Zuhn — Last month, in Promega Corp. v. Life Technologies Corp., the Federal Circuit affirmed a decision by the District Court for the Western District of Wisconsin granting a motion to compel arbitration by Invitrogen IP Holdings, Inc. The appeal involved a 1996 licensing agreement between Research Genetics, Inc. and Promega Corp. concerning…
-
By Kwame Mensah — Last month, Castle Biosciences Inc., a Friendswood, Texas-based corporation specializing in rare cancer molecular diagnostics, announced that it had acquired an exclusive worldwide license to intellectual property covering a gene expression profiling test for thymoma, which is a rare tumor derived from the epithelial cells of the thymus gland. Castle Biosciences…
-
By Donald Zuhn — The Association of University Technology Managers (AUTM) recently presented the highlights of the AUTM Licensing Activity Survey Summary for FY2010. While the full report will be released later this fall, the academic technology transfer organization noted that "[d]espite continuing difficult economic conditions, university and research institute licensing and startup activity remained…
-
Federal Circuit Transfers "Hot Potato" Diagnostic Method Case By Kevin E. Noonan — The Federal Circuit's majority decision in Laboratory Corp. of America Holdings ("LabCorp") v. Metabolite Laboratories, Inc., and Judge Dyk's dissent, illustrate how often factual considerations, and different views of the same facts, can influence if not determine a legal outcome. Here,…
-
By Donald Zuhn — Last month, the Association of University Technology Managers (AUTM) released its U.S. licensing survey for FY2008. According to a GenomeWeb Daily News report, a majority of the academic and research institutions that answered the survey indicated that they filed more patent applications and were involved in more start-ups during the…
Patent Docs 