Lawyers USA Online » patent

Supreme Court nixes human gene patents

Kimberly Atkins — Thu, 13 Jun 2013 19:53:13 +0000

WASHINGTON – In a decision that seemed designed to carve out a middle ground in the legal battle over whether companies can hold exclusive rights in the use of biological material, the U.S. Supreme Court ruled today that isolated human
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Court struggles with question of human gene patentability

Kimberly Atkins — Mon, 15 Apr 2013 20:52:08 +0000

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
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Soybean seed case pits law against technology

Kimberly Atkins — Tue, 19 Feb 2013 20:55:04 +0000

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.

The case of Bowman v.
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Justices take up legal malpractice case

Kimberly Atkins — Wed, 16 Jan 2013 23:33:38 +0000

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.

The case of Gunn v. Minton began when securities broker Vernon
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Win against Apple signals more work for IP lawyers

Sylvia Hsieh — Thu, 03 Jan 2013 19:53:58 +0000

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.

The case, which was
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Patent suit isn’t barred by prior trademark action

Pat Murphy — Tue, 04 Dec 2012 16:49:53 +0000

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.

The plaintiff owned a patent for a “fully braced” telescoping strut support system for portable conveyors used to stockpile
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Court to consider legal malpractice jurisdiction issue

Kimberly Atkins — Wed, 10 Oct 2012 18:01:46 +0000

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.

The case involves a securities broker who developed and
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Federal Circuit ruling a win for biotech field

Lisa Keen — Wed, 05 Sep 2012 17:01:25 +0000

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,
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Jury awards man $2 million for creating fuel additive

Tony Ogden — Mon, 30 Jul 2012 15:39:42 +0000

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.

Read the full article from City News Services: Jury awards man $2M for
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PATENT LAW

Kimberly Atkins — Tue, 17 Apr 2012 23:11:17 +0000

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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