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: Patent Litigation
-
By Kevin E. Noonan — Not to be outdone by defendants Ambry Genetics and Gene-by-Gene's 109-page brief in opposition to Myriad's Preliminary Injunction Motion, Myriad has now filed a Reply Brief weighing in at 140 pages (page limits in briefs seemingly unknown in the District of Utah). The length is perhaps unsurprising, in view of the…
-
By Andrew Williams — As we have previously reported, the patent system is under attack, and has been for quite some time. Generally, these attacks either begin with the assumption that the patent system is "broken," or that conclusion is reached after a review of anecdotal accounts of alleged patent abuses. Rarely are these attacks…
-
By Kevin E. Noonan — The Supreme Court, in Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 570 (2007), and Ashcroft v. Iqbal, 556 U.S. 662 (2009), has in recent years focused the requirements for pleadings under the Federal Rules of Civil Procedure and, concoimitantly, increased the scope of the bases a party can argue…
-
Asserts Affirmative Defenses and Antitrust Counterclaims and Asks for Declaratory Judgment By Kevin E. Noonan — On Monday Ambry filed its Answer to Myriad's complaint for patent infringement, and asserted patent misuse as an affirmative defense. Ambry also asked the District Court for a declaratory judgment of non-infringement and invalidity of all patents Myriad has asserted,…
-
By Kevin E. Noonan — Earlier this month, Myriad Genetics filed patent infringement lawsuits against Ambry Genetics (on July 9th) and Gene-by-Gene (on July 10th). Filed with the complaint in the Ambry lawsuit was a Motion for Preliminary Injunction, and the brief supporting this motion sheds light on the arguments Myriad will assert in its…
-
By Kevin E. Noonan — A day after Myriad Genetics sued Ambry Genetics for patent infringement, the company filed suit in the District of Utah, Central Divisions against Gene by Gene Ltd. (Case No. 2:13-cv-00643-EJF; complaint). The complaint is nearly identical to Myriad's complaint against Ambry Genetics, and once again Myriad is joined by the…
-
By Kevin E. Noonan — Today Myriad Genetics sued Ambry Genetics, Corp. in the District of Utah, Central Division for patent infringement of ten patents relating to genetic diagnostic testing (Case No. 2:13-cv-00640-RJS; complaint). Ambry Genetics was one of the first companies to announce that it would provide genetic diagnostic testing for the BRCA 1 and…
-
By Andrew Williams — On February 14, 2013, President Obama stated in reference to non-practicing Patent Assertion Entities ("PAEs") (aka "Patent Trolls") "they don't actually produce anything themselves. They're just trying to essentially leverage and hijack somebody else's idea and see if they can extort some money out of them . . . ." See…
-
By James DeGiulio — Pfizer Settles Lipitor Patent Suits with Aurobindo, Kremers Pfizer has settled separate cases with Aurobindo and Kremers, ending its patent infringement actions over the generic companies' efforts to enter the market for the cholesterol drug Lipitor. On June 27, 2011, Pfizer sued Aurobindo in response to the generic's filing of an…
-
By James DeGiulio — Validity of Allergan Lumigan Patents Upheld Allergan has successfully defended its patents covering the glaucoma drug Lumigan from an invalidity attack by alleged infringers Teva and Sandoz. In May 2009, Allergan filed the suit in the District of Delaware against Teva and Barr Laboratories, alleging infringement of U.S. Patent Nos. 6,403,649…
Patent Docs 