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
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Category: Supreme Court
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By Kevin E. Noonan — Bayer Corp. and Bayer AG have 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). Being a branded drug maker, it is no surprise that Bayer argues in its brief that the Third Circuit's decision…
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By Kevin E. Noonan — The Pharmaceutical Research and Manufacturer's of America (PhRMA) have 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). Not surprisingly, like the branded and generic drug makers, PhRMA argues that the Third Circuit's decision created…
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By Kevin E. Noonan — Once again, it should come as no surprise that the American Civil Liberties Union (ACLU) and the Public Patent Foundation (PubPat) filed a petition for certiorari with the Supreme Court yesterday. This time, three questions were presented: 1. Are human genes patentable? 2. Did the court of appeals err in upholding…
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By Kevin E. Noonan — Farmer Vernon Hugh Bowman, losing patent infringement defendant in Monsanto Co. v. Bowman, has filed a supplemental brief in response to the brief submitted to the Supreme Court by the Solicitor General pursuant to a request for the Government's views on whether the Court should grant certiorari. The brief raises arguments…
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By Kevin E. Noonan — Earlier this year, the Supreme Court asked the Solicitor General for his views on whether the Court should grant certiorari in Bowman v. Monsanto. The Solicitor has now given the Court his views, and they are that the Court should not grant cert. Although the Court does not always follow…
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By Kevin E. Noonan — Last month, the Federal Trade Commission accomplished a decade-long goal: getting a Federal Circuit Court of Appeal (the 3rd Circuit) to support its position that so-called "reverse payments" (also known as "pay-for-delay" arrangements) between innovator pharmaceutical companies and generic drugmakers in ANDA litigation brought under 35 U.S.C. § 271(e)(2) are…
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By James DeGiulio — In a history-making decision, the Supreme Court today in National Federation of Independent Business v. Sebelius upheld the Patient Protection and Affordable Care Act (PPACA) as constitutional under the taxation clause of the Constitution. The individual mandate provision of the PPACA, which establishes the requirement that nearly all Americans secure "minimum…
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By Kevin E. Noonan — On April 17th, the Supreme Court overturned a Federal Circuit decision construing statutory language involving the 2003 Medicare Prescription Drug Improvement and Modernization Act, which amended the 1984 Drug Price Competition and Patent Term Restoration Act (colloquially known as the Hatch-Waxman Act). The decision was certainly not a surprise, to…
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By Kevin E. Noonan — That rarest of rara aves issued from the Supreme Court yesterday, an affirmance of a Federal Circuit opinion in Kappos v. Hyatt. Perhaps it is because, as in Stanford v. Roche one of the parties was the government (here, Director David Kappos representing the U.S. Patent and Trademark Office, perhaps…
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By Kevin E. Noonan — Perhaps unintentionally, the Supreme Court issued a challenge to America's patent attorneys in its Prometheus decision, warning against "interpreting patent statutes in ways that make patent eligibility 'depend simply on the draftsman's art.'" As purveyors of "the draftman's art," then it behooves us to ask whether claims perceived to be…
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