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
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Category: Patent Legislation
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By Kevin E. Noonan — Last year, Judge Illston gifted patentees with a proverbial lump of coal with her decision in Illumina, Inc. v. Ariosa Diagnostics, Inc. by invalidating on summary judgment claims directed to methods for isolating cell-free fetal DNA from maternal DNA on the grounds that they are not patent-eligible under 35 U.S.C.…
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By Kevin E. Noonan — It would be understandable to have the impression that Congress is considering patent eligibility reform as the major (or even sole) patent-related legislation this session (see "Biotech Prospects for Patent Reform"; "What We Learned at Patent Reform Hearings"; "Senators Tillis and Coons Release Statement on Recent Patent Reform Hearings"; "Senate…
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By Joshua Rich — The sponsors of the STRONGER Patents Act of 2019[1] — introduced to the Senate on Wednesday — may be from both political parties,[2] but they share one clear trait: they hate what post-grant proceedings have done to patent litigation. So they introduced a bill that would roll back the availability, attractiveness,…
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By Kevin E. Noonan — With great fanfare (and a seeming exercise of appropriate diligence), Senators Thom Tillis (R-NC) and Chris Coons (D-DE), chair and ranking member of the Intellectual Property Subcommittee of the Senate Judiciary committee, over the past few weeks have held a series of public hearings on the subject of legislative intervention…
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By Michael Borella — As we have previously covered, the Senate Subcommittee on Intellectual Property recently held hearings on proposed revisions to 35 U.S.C. § 101 and related sections of the patent statute. Chairman Thom Tillis (a Republican from North Carolina) and Ranking Member Chris Coons (a Democrat from Delaware) heard testimony from 45 individuals…
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By Kevin E. Noonan — On May 9th, Senators John Corbyn (R-TX) and Richard Blumenthal (D-CT), joined by co-sponsors Shelley Moore Capito (R-WV), Patty Murray (D-WA), Rick Scott (R-FL), John Kennedy (R-LA), and Josh Hawley (R-MO), introduced a bill, S-1416, in the Senate directed towards yet another scheme to address high drug prices. Entitled the…
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Senate Subcommittee on Intellectual Property Holds Hearings on Proposed Revisions to 35 U.S.C. § 101
By Michael Borella — On June 4, 5, and 11, the Senate Subcommittee on Intellectual Property held hearings on its recent proposal to revise 35 U.S.C. § 101, and in particular the current draft bill to do so. Chairman Tillis and Ranking Member Coons (with an occasional third senator in the room) heard testimony from…
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By Kevin E. Noonan — "Solving" the problem of high prescription drug prices has been on the minds of our representatives in Congress lately, and the desire to "do something" about it has reached the point that just doing something (or being perceived as doing something) has become an end in itself (see "A Solution…
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By Kevin E. Noonan — It is perhaps not surprising that several medical groups, as well as other organizations with little regard for the patent system, and their legal accomplice, the American Civil Liberties Union, would oppose the recent efforts to amend the subject matter eligibility section of the statute (35 U.S.C. § 101) to…
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By Kevin E. Noonan — The parlous state of patent law as applied to biotechnology (and to a slightly lesser extent, pharmaceuticals) generally over the past several years has been thoroughly explicated here and elsewhere, and the recalcitrance engendered by stare decisis principles at numerous district courts and the Federal Circuit (and the Supreme Court's…
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