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
- CNIPA Implements Inventor ID Requirement
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Category: Supreme Court
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BIO and the Supreme Court By Andrew Williams — The 2011 BIO International Convention in Washington D.C. is less than two weeks away. If you are planning on attending, you probably already know that the amount of information and opportunities available at BIO can be daunting. Therefore, over the next week, Patent Docs will be…
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Supreme Court Holds That Invalidity Must Be Proved by Clear and Convincing Evidence By Donald Zuhn — In the third patent decision to be issued by the Supreme Court in little more than a week, the Court in Microsoft Corp. v. i4i Limited Partnership held today that 35 U.S.C. § 282 requires an invalidity defense…
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Supreme Court Sets Limits on the Bayh-Dole Act By Kevin E. Noonan — The Supreme Court today handed down its opinion in Board of Trustees of the Leland Stanford Junior University v. Roche Molecular Systems, Inc. The opinion begins (and could have ended) with a recitation of a fundamental premise of U.S. Patent Law: "[s]ince…
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Supreme Court Renders Opinion on Induced Infringement By Kevin E. Noonan — The Supreme Court issued its opinion today in Global-Tech Appliances, Inc. v. SEB S.A., affirming the Federal Circuit decision upholding a jury verdict that defendants were liable for inducing infringement. As was the case in Bilski v Kappos, the opinion today spends little…
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By Kevin E. Noonan — The Supreme Court refused today to grant certiorari in Eli Lilly & Co. v. Sun Pharmaceutical Industries, Ltd. on the question of obviousness-type double patenting. In doing so, the Court let stand precedent that seriously expands the scope of the obviousness-type double patenting standard, turning a legal principle that was…
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By Kevin E. Noonan — As it has done in other areas of the law recently (such as Bell Atlantic Corp. v. Twombly), the Supreme Court on Tuesday addressed the requirements for pleadings sufficient to survive a motion to dismiss a complaint for securities law violations, in Matrixx Initiatives Inc. v. Siracusano. The Court's decision…
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By Kevin E. Noonan — The Supreme Court today denied certiorari in Louisiana Wholesale Drug Co. v. Bayer AG (decided below as In re Ciprofloxacin Antitrust Litigation; see also "Second Circuit Denies En Banc Reconsideration in Cipro® Case"). According to the Court's website, neither Justice Sotomayor nor Justice Kagan participated in the decision. The case…
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By Donald Zuhn — Reflecting upon the events of the past twelve months, Patent Docs presents its fourth annual list of top biotech/pharma patent stories. For 2010, we identified a dozen stories that we covered on Patent Docs last year that we believe had (or are likely to have) the greatest impact on biotech/pharma patent…
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By Kevin E. Noonan — Although long-anticipated, the Supreme Court's opinion in Bilski v. Kappos did not provide much in terms of "pellucid" teachings regarding the metes and bounds of patent-eligible subject matter. Against this backdrop, the Court decided on Tuesday to grant certiorari, vacate the Federal Circuit's decision below, and remand to the…
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By Donald Zuhn — The Supreme Court waited until the eleventh hour to issue its long-awaited decision in Bilski v. Kappos, affirming the Federal Circuit's determination that an application directed to hedging risk in energy commodities was not patent eligible while determining that the Federal Circuit's machine-or-transformation test is not the sole test for…
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