Patent Law Weblog
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- 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
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Category: Supreme Court
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By Kevin E. Noonan — In a decision that should surprise no one, the U.S. Supreme Court granted certiorari today in Association for Molecular Pathology v. Myriad Genetics, Inc. The grant was limited to the first question presented, whether human genes are patent-eligible, and the Court denied certiorari on the other two questions (thus letting…
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By Kevin E. Noonan — On Halloween, Myriad Genetics filed its brief in opposition to plaintiffs' petition for certiorari in Association for Molecular Pathology v. Myriad Genetics, Inc. (plaintiffs nominally being the Association for Molecular Pathology et al., but actually the American Civil Liberties Union and the Public Patent Foundation). In doing so, Myriad no doubt…
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By Donald Zuhn — Last week, the Supreme Court updated its docket for the Association for Molecular Pathology v. Myriad Genetics, Inc. case to indicate that it has been distributed for conference on November 30. In response to the Petition for a Writ of Certiorari filed in September by the Public Patent Foundation (PUBPAT) and…
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By Donald Zuhn — Earlier today, the Supreme Court updated its docket for the Association for Molecular Pathology v. Myriad Genetics, Inc. case to indicate that it has now been distributed for conference on November 30. In response to the Petition for a Writ of Certiorari filed in September by the Public Patent Foundation (PUBPAT)…
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By Kevin E. Noonan — Earlier this month, the Supreme Court granted certiorari in Monsanto v. Bowman, against the advice of the U.S. Solicitor General (whose views the Court had solicited). While it isn't unheard of for the Court to disregard the Solicitor General's views (including famously in Laboratory Corp. v. Metabolite Labs., Inc. ("LabCorp")…
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By Kevin E. Noonan — The Federal Trade Commission, in an attempt to extend the scope of its signal (and sole) victory in its crusade against reverse payment settlement agreements in ANDA cases, In re K-Dur Antitrust Litigation, has moved for leave to file an amicus brief in another case in a district court in the…
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By Kevin E. Noonan — Reinvigorated by its triumph in convincing a three-judge panel of the Third Circuit to adopt its view that reverse payment settlement agreements in ANDA cases are presumptively illegal (in the K-Dur case, In re K-Dur Antitrust Litigation, which was a relaxation of the Commission's former position that such agreements were…
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By Kevin E. Noonan — Joining the parties and amici with clear interests in resolving the circuit split created by the Third Circuit opinion in the K-Dur case (In re K-Dur Antitrust Litigation), the Washington Legal Foundation, self-described as having the aim of "promot[ing] economic liberty, free enterprise, and a limited and accountable government," filed…
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By Kevin E. Noonan — Joining the parties and amici with clear interests in resolving the circuit split created by the Third Circuit opinion in the K-Dur case (In re K-Dur Antitrust Litigation), two "public interest" groups have also filed amicus briefs urging the Supreme Court to grant certiorari. These groups, the New York Intellectual…
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By Kevin E. Noonan — The Generic Pharmaceutical Association (GPhA) filed an amicus brief in support of a grant of certiorari by the Supreme Court in the K-Dur case (In re K-Dur Antitrust Litigation). Characterizing the issue as being "profoundly important to the pharmaceutical market and pharmaceutical companies," GPhA argues that "[t]he decision of the…
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