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 Donald Zuhn — Today, in Bowman v. Monsanto Co., the Supreme Court determined that the doctrine of patent exhaustion did not permit a farmer who buys patented seeds to reproduce them through planting and harvesting without the patent holder's permission, affirming the Federal Circuit's decision that such activities amount to the creation of a…
-
By Kevin E. Noonan — The U.S. Supreme Court heard oral argument in Association for Molecular Pathology v. Myriad Genetics, Inc. on Monday, and many have commented on the Court's interrogation of the parties' representatives (and the government) and how those representatives responded to the Justices' questioning. On balance, it seems fruitless to bemoan the…
-
On Monday, the Supreme Court heard oral argument in Association for Molecular Pathology v. Myriad Genetics, Inc. (a transcript of the oral argument can be found here). The PBS NewsHour examined yesterday's argument in a segment on Monday's program. PBS senior correspondent Jeffrey Brown discussed the case with Marcia Coyle, chief Washington correspondent for The…
-
By Donald Zuhn — Last week, we reported on an article in the current issue of Genome Medicine which contends that due to the non-specificity of sequence uniqueness across the genome and the broad scope of claims to nucleotide sequences, the Supreme Court and Congress should limit the patenting of existing nucleotide sequences (see "Genome…
-
By Donald Zuhn — In an article published in the current issue of Genome Medicine, Jeffrey Rosenfeld of the University of Medicine & Dentistry of New Jersey and Christopher Mason of Cornell University contend that due to the non-specificity of sequence uniqueness across the genome and the broad scope of claims to nucleotide sequences, the…
-
By Kevin E. Noonan — The Supreme Court heard oral argument in Federal Trade Commission v. Actavis (the caption for what was Federal Trade Commission v. Watson Pharmaceuticals, Inc. in the 11th Circuit opinion below) last Monday, with Deputy Solicitor General Malcolm Stewart arguing for the government and Jeffrey Weinberger arguing for Respondents. Justice Alito…
-
By Kevin E. Noonan — The U.S. Supreme Court will hear arguments in Association for Molecular Pathology v. Myriad Genetics, Inc. on April 15th, and the parties and their different cadres of amici have submitted briefs of varying degrees of helpfulness and coherence to the Court. In reviewing these briefs, and the Mayo Collaborative Services…
-
By Kwame Mensah — [Ed. The Supreme Court heard oral argument today in Federal Trade Commission v. Watson Pharmaceuticals. While Patent Docs will provide analysis regarding the oral argument in a subsequent post, we provide the following analysis of the case for the benefit of our readers.] ISSUE Are reverse-payment settlement agreements in ANDA litigation…
-
By Donald Zuhn — In an amicus brief filed last week in support of respondents Myriad Genetics, Inc. et al., the Intellectual Property Owners Association (IPO) asked the Supreme Court to affirm the Federal Circuit's decision in Association for Molecular Pathology v. Myriad Genetics, Inc. that claims to isolated human DNA are patent-eligible. The IPO…
-
By Kevin E. Noonan — There is a great cultural divide that has been illuminated by the Myriad case (AMP v. Myriad Genetics), between producers of technology and its consumers, governments and non-government organizations such as patient groups who are goal-driven to reduce present costs (especially in healthcare) regardless of future disadvantages, and the more…
Patent Docs 