Category: Supreme Court

  • "Happy families are all alike; every unhappy family is unhappy in its own way."  Leo Tolstoy, Anna Karenina By Kevin E. Noonan — A great many amicus briefs have been filed in support of affirmance of the Federal Circuit's decision in Bowman v. Monsanto and many of them are reminiscent of Tolstoy's happy families.  Accordingly,…

  • By Kevin E. Noonan — Over the past decade, the Supreme Court's increased interest in patent law cases was paralleled by briefs from the Solicitor General advising the Court to grant certiorari.  The apparent influence of the government has waned in recent years, beginning with the Court's grant of certiorari in Laboratory Corp. v. Metabolite…

  • By Donald Zuhn — In an amicus brief filed in support of respondents Monsanto Co. et al. late last week, the Intellectual Property Owners Association (IPO) urges the Supreme Court to find that the petitioner's replanting of commodity seed was an infringing act that constituted a reconstruction of Monsanto’s patented recombinant seed.  The IPO contends…

  • Will I lose my dignity?Will someone care?Will I wake tomorrowFrom this nightmare? "Will I," Rent By Kevin E. Noonan — The Supreme Court's grant of certiorari over the question "Are human genes patentable" had raised for many the specter of an uninformed generalist court rendering a decision containing dicta that would negatively affect biotechnology.  This…

  • By Donald Zuhn — In an order issued earlier today, the Supreme Court denied certiorari in Sherley v. Sebelius, ending the efforts by two adult stem cell researchers to prevent the National Institutes of Health (NIH) from funding research using human embryonic stem cells (ESCs).  The dispute arose following the NIH's release in July 2009…

  • By Donald Zuhn — Reflecting upon the events of the past twelve months, Patent Docs presents its sixth annual list of top biotech/pharma patent stories.  For 2012, we identified fifteen 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 sixth annual list of top biotech/pharma patent stories.  For 2012, we identified fifteen 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 sixth annual list of top biotech/pharma patent stories.  For 2012, we identified fifteen 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 Kevin E. Noonan — The Supreme Court granted certiorari Friday in Federal Trade Commission v. Watson Pharmaceuticals, Inc., one of two cases with certiorari petitions before the Court relating to reverse payment settlement agreements in ANDA litigation under the Hatch Waxman Act.  (The petition in the other case, In re K-Dur Antitrust Litigation, was…

  • By Kevin E. Noonan — There are more issues in patent law that the Supreme Court may consider than those raised by Association for Molecular Pathology v. Myriad Genetics, and as if to illustrate that point, the Solicitor General filed his brief at the end of November in Retractable Techs., Inc. v. Becton, Dickinson & Co. …