Topic: Patent

IP Law News: First-to-File System Set to Launch Soon, Are You Ready?

We’re less than two months away from the official launch of “First-to-File” in the United States. From Tom Kohler of law firm Downs Rachlin Martin: “The America Invents Act or ‘AIA’ was signed into law by President Obama on September 16, 2011. After an eighteen month waiting period, on March 16, 2013, two months from… Read more »

And One Patent to Rule Them All… EU Closes in On Unitary Patent

“The unitary patent will provide automatic unitary patent protection in all 25 participating member states (Spain and Italy are not included) in a move said to be directed at cutting costs for EU companies and, hence, boosting competitiveness. Of course, unitary patents and their enforcement via the unified court is available for non-EU applicants as… Read more »

IP Law News: Latest Need-to-Know from JD Supra

For your reference, a roundup of recent updates on intellectual property law issues in the news: design patents, the patentability of genetic material, trademark disputes, and more. You should know: On Design Patents… The Future of Design Patents (Sterne Kessler): Attorney Tracy-Gene G. Durkin’s take on what the future may hold for design patents. Is… Read more »

Three to Watch in IP Law: Gray Goods, India Patents, YouTube

Here’s a look at three recent developments in intellectual property law with implications that go far beyond copyright, patent, and other IP issues. You should know: 1. Gray Goods are Red Hot The Supreme Court recently heard oral arguments in a case of international proportions: does the Copyright Act’s doctrine of first sale – which… Read more »

Akamai / McKesson Ruling Changes Standard for Proving Induced Infringement

On August 31, 2012, the Court of Appeals for the Federal Circuit issued a ruling that, writes Tony Dutra at Bloomberg BNA, “will likely have more effect on patent law in the future than Apple’s iPhone design patents will.” Nicole Smith and Ryan Malloy (law firm Morrison & Foerster) explain: “In the 6-5 decision, the… Read more »

DNA Eligible for Patent Protection, Court Rules in Myriad (Again)

“Isolated DNA molecules are patent-eligible, reaffirmed the U.S. Court of Appeals for the Federal Circuit in Ass’n for Molecular Pathology et al. v. Myriad Genetics, Inc. et al., lifting a cloud of uncertainty over DNA composition patents. ‘The isolated DNA molecules before us are not found in nature. They are obtained in laboratory and are… Read more »

Apple v. Samsung: Patent Trial of the Century?

[Link: Court Allows Apple to Push for Ban on Samsung Tablets – LXBN] The latest round of the Apple v. Samsung lawsuit over the design of Samsung tablets is underway in San Jose, California. But the dispute between the two tech giants goes beyond what Fortune magazine calls “the Patent Trial of the Century.” The… Read more »

Federal Circuit Clarifies Requirements for Joinder in Multi-Defendant Patent Infringement Lawsuits

On May 4, 2012, a Federal Circuit panel issued a decision that narrowed the conditions under which plaintiffs can include multiple unrelated defendants in claims of patent infringement. The ruling, which only applies to lawsuits filed before the America Invents Act took effect in September 2011, blocks joinder in multi-defendant patent infringement cases where the… Read more »

Supreme Court Rules Generic Drug Makers can Challenge Brand-Name Patents

On April 17, 2012, the Supreme Court ruled in Caraco Pharmaceutical Laboratories, Ltd. v. Novo Nordisk A/S that generic drug makers can sue brand-name drug makers when the latter claim exaggerated descriptions of indications covered by their patented drugs. The Food and Drug Administration has historically allowed brand-name drug makers to write their own descriptions… Read more »

Kappos v. Hyatt: Supreme Court Rules in Favor of Inventors

In a unanimous decision earlier this month, the Supreme Court ruled in Kappos v. Hyatt that a patent applicant has the right to present new evidence when appealing the rejection of their application. The ruling clarifies the procedures for introducing and evaluating new evidence in support of a denied patent application. For your reference, a roundup… Read more »

Indian Patent Office Grants Compulsory License for Generic Version of Bayer’s Nexavar

On March 12, 2012, India’s Patent Office granted Indian drug manufacturer Natco Pharma a compulsory license to sell a generic version of Bayer AG’s kidney and liver cancer drug Nexavar. It’s the first time an Indian company has been granted a compulsory license under the Indian Patent Act of 2005, the law which allows the… Read more »

Myriad Genetics Ruling That DNA Is Patent-Eligible

We’re seeing significant interest in the Myriad Genetics case, Association for Molecular Pathology v. U.S. Patent and Trademark Office, following the July 29, 2011, Court of Appeals for the Federal Circuit ruling that isolated DNA are patent-eligible subject matter. We’ll continue to update this reading list as additional commentary and analysis comes in: A Non-infringing… Read more »

Patent Reform 2011 Reading List: ‘America Invents Act’ Passes House

The Patent Reform Act (now “America Invents Act”) has passed both the House. Here’s what leading patent lawyers on JD Supra have to say about this latest news: House of Representatives Passes Patent Reform Act (Morgan Lewis) “[T]his bill alters how the U.S. Patent and Trademark Office (USPTO) is funded. In addition, it calls for… Read more »