Patent Law Weblog
recent posts
- To Require an Inventor ID, or Not to Require an Inventor ID – That Is the Question
- Federal Circuit Refuses to Switch District Court’s Finding for Nintendo
- Supreme Court to Resolve Dispute Over Marketing of “Skinny Labeled” Generics
- Solicitor General Proves Persuasive; Supreme Court Grants Hikma’s Certiorari Petition
- CNIPA Implements Inventor ID Requirement
about
Category: Supreme Court
-
By Andrew Williams — Earlier today, in Medtronic, Inc. v. Mirowski Family Ventures, LLC, the Supreme Court held that "when a licensee seeks a declaratory judgment against a patentee to establish that there is no infringement, the burden of proving infringement remains with the patentee." Justice Breyer wrote the opinion for a unanimous Court, reversing…
-
By Donald Zuhn — Reflecting upon the events of the past twelve months, Patent Docs presents its seventh annual list of top biotech/pharma patent stories. For 2013, we identified fourteen stories that were covered on Patent Docs last year that we believe had (or are likely to have) the greatest impact on biotech/pharma patent practitioners…
-
By Donald Zuhn — Reflecting upon the events of the past twelve months, Patent Docs presents its seventh annual list of top biotech/pharma patent stories. For 2013, we identified fourteen stories that were covered on Patent Docs last year that we believe had (or are likely to have) the greatest impact on biotech/pharma patent practitioners…
-
By Donald Zuhn — Reflecting upon the events of the past twelve months, Patent Docs presents its seventh annual list of top biotech/pharma patent stories. For 2013, we identified fourteen stories that were covered on Patent Docs last year that we believe had (or are likely to have) the greatest impact on biotech/pharma patent practitioners…
-
By Michael Borella — Today the Supreme Court granted certiorari in Alice Corp. v. CLS Bank Intl., opening the door once again for the Justices to further carve out the landscape of patent-eligible software and business method claims. Triggering the Court's review was the Federal Circuit's six-opinion en banc decision this May, which illustrated a…
-
By Andrew Williams — On November 5, 2013, the Supreme Court heard oral arguments in the Medtronic Inc. v. Boston Scientific Corp. case (Supreme Court docket number 12-1128). The sole issue on appeal was who has the burden of proof on the issue of infringement/non-infringement in a declaratory judgment action brought by a licensee under…
-
By Andrew Williams — "In the modern economy, licensing of intellectual property rights is a widespread and essential activity." Those are the opening lines from the amicus curiae brief submitted by the Intellectual Property Owners Association ("IPO") for the Medtronic Inc. v. Boston Scientific Corp. case. The Supreme Court is set to hear oral arguments…
-
By Donald Zuhn — Last month, in an opposition brief filed by attorneys for the U.S. Patent and Trademark Office and Department of Justice, the Office asked the Supreme Court to deny petitioner's writ of certiorari in Finjan, Inc. v. United States Patent and Trademark Office. The question presented by petitioner was: Whether, in proceedings to…
-
By Andrew Williams — As we previously reported, the Supreme Court granted certiorari in the Medtronic Inc. v. Boston Scientific Corp. case, where the sole issue on appeal is whether the burden of proof shifts in a declaratory judgment action brought by a licensee under Medlmmune, such that the licensee has the burden to prove…
-
Guest Post by Sean Brennan — As we all know by now, the Supreme Court last month decided that isolated genes are not eligible for patenting. Although seemingly drawing a clear-cut distinction between DNA molecules having the same sequence as that which occurs in nature (genes), and DNA molecules having different sequences from those that…
Patent Docs 