Court struggles with question of human gene patentability 
By:
Kimberly Atkins
Published: April 15, 2013
Tags: genetic material, human genes, patent, product of nature, U.S. Supreme Court
WASHINGTON – Drawing a legal line to determine when human genetic material ceases to be a creation of nature and instead becomes a patentable product is not easy — even for the U.S. Supreme Court.
During oral arguments in Association of Molecular Pathology v. Myriad Genetics, Inc., the justices struggled with the question of whether the patents on two isolated human genes that indicate an increased risk for breast and ovarian cancer are valid.
Soybean seed case pits law against technology
By:
Kimberly Atkins
Published: February 19, 2013
Tags: patent, patent infringement, self-replicating, technology, U.S. Supreme Court
WASHINGTON – During arguments in a case demonstrating the ongoing tension between emerging technologies and centuries-old legal doctrines, the justices of the U.S. Supreme Court sought to define the limits on a farmer’s use of patented, self-replicating soybean seeds beyond a first harvest.
Justices take up legal malpractice case
By:
Kimberly Atkins
Published: January 16, 2013
Tags: federal jurisdiction, legal malpractice, patent, U.S. Supreme Court
WASHINGTON – The justices of the U.S. Supreme Court appeared reluctant Wednesday to make a federal case out of a legal malpractice claim arising from a patent suit.
Win against Apple signals more work for IP lawyers
By:
Sylvia Hsieh
Published: January 3, 2013
Tags: Apple, iphone, patent, patent infringement
In a major milestone in the smartphone patent wars, a federal jury has found that Apple Inc. infringed on three patents in its iPhone with regard to the camera feature and the handling and rejection of calls.
Patent suit isn’t barred by prior trademark action
Published: December 4, 2012
Tags: claim preclusion, patent, trademark
The doctrine of claim preclusion did not apply to bar a patent infringement lawsuit based on a prior related trademark protection action, the Federal Circuit has ruled in reversing a dismissal.
Court to consider legal malpractice jurisdiction issue
Published: October 10, 2012
Tags: federal jurisdiction, legal malpractice, patent, Supreme Court, U.S. Supreme Court
The U.S. Supreme Court has agreed to decide whether state law legal malpractice claims against trial lawyers for their handling of patent cases fall within the exclusive jurisdiction of the federal courts.
Federal Circuit ruling a win for biotech field
By:
Lisa Keen
Published: September 5, 2012
Tags: biotech, Federal Circuit, genetic testing, patent
In a second victory for the biotech industry in one year, the Federal Circuit has reinstated its ruling that a company’s isolation of human genetic material, and its process for using that material to determine the effectiveness of certain cancer therapies, meet the threshold test for patent-eligibility.
Jury awards man $2 million for creating fuel additive
Published: July 30, 2012
Tags: breach of contract, California, patent, profit-sharing plan
A jury has awarded $2 million to a man who developed a unique fuel additive several years ago and claimed his employer improperly phased him out of millions of dollars he was owed in a profit-sharing agreement.
PATENT LAW
Published: April 17, 2012
Tags: patent, Supreme Court
A generic drug manufacturer may employ the counterclaim provision of the Hatch-Waxman Act to force correction of a use code that inaccurately describes the brand’s patent as covering a particular method of using a drug.
U.S. Supreme Court. Caraco Pharmaceutical Laboratories, Ltd. v. Novo Nordisk A/S, No. 10-844. April
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Doctor wins $482 million patent infringement verdict
By:
Kimberly Atkins
Published: January 17, 2012
Tags: Johnson & Johnson, patent, patent infringement, stent, Top Ten Jury Verdicts, Top Ten Jury Verdicts of 2011
Plaintiff's attorney Paul Taskier
A Texas jury awarded $482 million to a radiologist on his claim that a medical stent manufacturer willfully infringed his patent.
