Patent Law Weblog
recent posts
- Meanwhile, Back at the PTAB with CRISPR – Update
- Judge Newman Seeks Recourse from Supreme Court
- Quo Vadis mRNA Vaccine Technology? The State of the IP Lawsuits
- Moderna Settles Patent Litigation with Arbutus et al.
- USPTO and DOJ Statement of Interest in Collision Communications: Another Thumb on the Scale in Favor of NPE Patent Plaintiffs
about
Category: Patentable Subject Matter
-
By Kevin E. Noonan — The old adage "Be careful what you wish for" comes to mind regarding Myriad Genetics' motion to the Judicial Panel on Multidistrict Litigation under 28 U.S.C. § 1407, that cases relating to the company's BRCA gene patents be consolidated in the District of Utah. By year-end 2013, the litigation scorecard…
-
By Michael Borella — In a previous article, we discussed the background of this case, and provided an overview of the Petitioner Brief of patentee Alice Corp. In this article, we continue by covering the brief of the Respondent, CLS Bank. The Supreme Court is scheduled to hear oral arguments for this case on March…
-
By Michael Borella — On December 6th, the Supreme Court granted certiorari to a case that presents the question of "[w]hether claims to computer-implemented inventions — including claims to systems and machines, processes, and items of manufacture — are directed to patent-eligible subject matter within the meaning of 35 U.S.C. § 101 as interpreted by…
-
By Kevin E. Noonan — The San Diego Intellectual Property Law Association (SDIPLA) is one of two groups that have filed an amicus curiae brief urging reversal of the District Court's summary judgment decision in Ariosa Inc v. Sequenom, Inc. (The brief from the other amicus, the Biotechnology Industry Organization, BIO, will be the subject of…
-
By Donald Zuhn — Earlier today, in a memorandum issued to the Patent Examining Corps by Deputy Commissioner for Patent Examination Policy Andrew Hirshfeld, the U.S. Patent and Trademark Office implemented a new procedure for determining the subject matter eligibility of claims under 35 U.S.C. § 101 in view of the Supreme Court's decisions in…
-
By Michael Borella — In 2011, Cyberfone sued CNN and 80 other defendants in the U.S. District Court for the District of Delaware for infringement of U.S. Patent No. 8,019,060. On the defendants' motion for summary judgment, the District Court held the claims of the '060 patent invalid under 35 U.S.C. § 101 as being…
-
By Donald Zuhn — In December, the Federal Circuit invited the United States to address the issue of whether Consumer Watchdog had Article III standing to pursue an appeal of a decision by the Board of Patent Appeals and Interferences affirming the patentability of U.S. Patent No. 7,029,913, which is assigned to the Wisconsin Alumni…
-
By Kevin E. Noonan — Gene-by-Gene, Inc. was one of the first direct-to-consumer (DTC) genetic diagnostics companies to announce that it would offer BRCA1/BRCA2 testing after the Supreme Court's decision last June that certain of Myriad Genetics' claims (those that encompassed isolated genomic DNA) were invalid for reciting patent-ineligible subject matter. And Gene-by-Gene was one…
-
By Donald Zuhn — In December, the Federal Circuit invited the United States to address the issue of whether Consumer Watchdog had Article III standing to pursue an appeal of a decision by the Board of Patent Appeals and Interferences affirming the patentability of U.S. Patent No. 7,029,913, which is assigned to the Wisconsin Alumni…
-
By Kevin E. Noonan — Earlier this week, Sequenom, Inc. filed its opening brief in Ariosa Diagnostics, Inc. v. Sequenom, Inc., appealing summary judgment that its licensed claims to a genetic diagnostic method for detecting fetal diseases and abnormalities in utero were invalid for reciting patent-ineligible subject matter. In view of the exquisitely subjective nature…
Patent Docs 