Patents

A Not-So-Obvious Threat to Pharmaceutical Patent Portfolios

I.  INTRODUCTION A bill working its way through Congress seeks to curb so-called abusive patent litigation tactics. But a less sensational provision warrants close attention, particularly from the pharmaceutical industry. The provision, if passed, could threaten issued patents in ways parties don’t expect. The recent “Innovation Act”1 that the House passed in December2 and its [...]

En Banc Federal Circuit Opts for Status Quo as it Upholds Cybor No-Deference Rule

Claim construction is arguably the most crucial aspect of a patent infringement case. As some prominent legal scholars and practitioners note, “[claim construction] is central to evaluation of infringement and validity, and can affect or determine the outcome of other significant issues such as unenforceability, enablement, and remedies.” To date, there have been three important [...]

New Patent Law Cheered by Large Corporations May Prove Beneficial to Small Entities As Well

On December 5, 2013, the House of Representatives passed H.R. 3309, the “Innovation Act” sponsored by Representative Bob Goodlatte of Virginia. The law has moved quickly through committee and made it to the floor of the house in just over a month. The bill has been interpreted as an attack on Non-Practicing Entities (NPEs), more [...]

STLR Link Roundup – November 7, 2013

High-Tech, “Green” Cars Could Be the Next IP Battleground In the last five years, the number of patents filed per quarter increased from 20 to 90 by automobile manufacturers. These patents all relate to hybrid or electrical vehicle technologies. Automobile manufacturers are worried that the litigation war affecting the smartphone industry will spread to electric [...]

What’s At Stake in Monsanto’s Latest Legal Headache

Last month, the Public Patent Foundation (PPF) asked the Supreme Court to hear its case challenging the validity of Monsanto’s seed patents.  If this narrative sounds familiar, that’s because it is; the case again pits the PPF and farmers against the biotech giant much like the Supreme Court case last term, Bowman v. Monsanto. While [...]

Myriad: The Right Decision for the Wrong Reasons

Over half of women who carry mutations on their BRCA1 or BRCA2 gene will develop breast cancer before they are 70. Angelina Jolie recently had a double mastectomy after discovering she has a mutation in her BRCA1 gene. By doing so, she decreased her chance of developing breast cancer substantially. Now, especially for women who [...]

A Patent that Self-Replicates

Does Patent Exhaustion apply to the sale of self-replicating seeds? On February 19, the Supreme Court heard the oral argument in Bowman v. Monsanto on the application of patent exhaustion to patented self-replicating seeds.  Under the doctrine of patent exhaustion, “the initial authorized sale of a patented item terminates all of the patent owner’s rights [...]

Alternative Statutory Bases for Invalidating “Gene Patents”

The Supreme Court recently granted a writ of certiorari in the highly controversial case Association for Molecular Pathology v. Myriad. In the coming months, the Court will determine whether the genetic material claimed by Myriad’s composition patents is patentable subject matter under Section 101 of the Patent Act. The high profile case has generated a [...]

Smartphone Wars: Part II

On August 24th, Apple won decisively in Apple v. Samsung. The jury awarded Apple $1.04 billion for infringing Apple’s intellectual property. This was less than the $2.5 billion that Apple requested, but the jury found that Apple wasn’t infringing any of Samsung’s patents. Of the many patents that were disputed, the judgment turned on three [...]

“More Than a Drafting Effort”: SCOTUS Strikes Down Prometheus Labs Patents

On March 20, the Supreme Court handed down their unanimous decision in the case of Mayo Collaborative Services v. Prometheus Laboratories, Inc. The Court struck down Prometheus’s patents stating that, regardless of the language in the claims, they were effectively patents on a law of nature which is not allowed. The Court added that any [...]