Patent Law Weblog
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- Constellation Designs, LLC v. LG Electronics Inc. (Fed. Cir. 2026)
- Actelion Pharmaceuticals Ltd. v. Mylan Pharmaceuticals Inc. (Fed. Cir. 2026)
- PTAB Reverses § 101 Rejection Where Examiner Failed to Follow the Office’s Own Guidance
- Collision Communications v. Samsung: What Good Did the Government’s Statement of Interest Do?
- United States Files Statement of Interest in Patent Infringement Proceedings
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Month: February 2013
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Practising Law Institute (PLI) will be holding its 7th Annual Patent Law Institute on March 18-19, 2013 in San Francisco, CA. A live webcast of the San Francisco session will also be available. The two-day conference consists of seven one-hour plenary sessions of interest to all patent lawyers and a separate breakout track consisting of…
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By Donald Zuhn — On Tuesday, the Council of the European Union announced that twenty-four member states had signed the international agreement that would establish a Unified Patent Court (UPC), a specialized court having exclusive jurisdiction over infringement and validity questions related to unitary patents. The Council release noted that Bulgaria was expected to sign…
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By Kevin E. Noonan — A patent issue exerted its Circe-like effect on the Supreme Court again today in Gunn v. Minton, a decision overruling the Texas Supreme Court on the question of whether the existence of a patent issue in a legal malpractice action implicated Federal District Court jurisdiction under 28 U.S.C. § 1338(a)…
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By Kevin E. Noonan — The Supreme Court heard oral argument today in Bowman v. Monsanto Co., with Mark P. Walters representing Farmer Bowman, Seth Waxman representing Monsanto, and Melissa Arbus Sherry representing the Department of Justice. While Supreme Court tea-leaf reading is a fool's game, consideration of the questions from the Justices can at…
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By Kevin E. Noonan — On the brink of oral argument before the Supreme Court on Tuesday, it may be helpful to reiterate (as do the parties) the arguments from Petitioner Farmer Bowman and Respondent Monsanto, Inc. in Bowman v. Monsanto. Farmer Bowman reprises his argument that the sale of the patented seed exhausts any…
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By Donald Zuhn — A group of universities, entities affiliated with universities, higher education associations, and entities involved in university technology management, in an amici brief filed in Bowman v. Monsanto, argue that reversal of the decision that petitioner Vernon Bowman infringed Monsanto's patents on glyphosphate-resistant soybeans "would weaken patent rights for artificial, progenitive technologies…
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By Vicky Longshaw and Gary Cox — In a significant win for Myriad, and their licensee Genetic Technologies Ltd, the Australian Federal Court on Friday upheld Myriad's method patents used in cancer screening for mutations in the BRCA1 gene. This decision will provide much-needed certainty to gene patent holders in Australia. The applicants in the matter,…
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By Martin O'Brien — On Friday, the Federal Court of Australia handed down its decision in the case of Cancer Voices Australia & Anor v Myriad Genetics Inc & Ors. The presiding judge, Justice Nicholas, identified the issue in the case as one "of considerable importance," framing the question to be decided as whether a…
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By Sherri Oslick — About Court Report: Each week we will report briefly on recently filed biotech and pharma cases. Enzo Life Sciences Inc. v. Abbott Laboratories et al.1:13-cv-00225; filed February 11, 2013 in the District Court of Delaware • Plaintiff: Enzo Life Sciences Inc.• Defendants: Abbott Laboratories; Abbott Molecular Inc. Infringement of U.S. Patent…
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February 20, 2013 – AIA Strategy Considerations for Patent Filings in 2013: Should You File on March 15 or March 16 (or Both)? (Intellectual Property Owners Association) – Washington, DC February 20, 2013 – First to File: Final Rules and Guidance — Navigating Significant Changes to Derivation Practice, What Constitutes Prior Art and More (Strafford)…
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