Does a patentee bear the burden of proving infringement when a licensee brings a declaratory judgment action to establish non-infringement? See “Court to clarify burden of proof in Medtronic ‘non-infringement’ action” Medtronic, Inc. v. Boston Scientific Corp., No. 12-1128. Certiorari ...Read More »
WASHINGTON – The U.S. Supreme Court’s surgically narrow ruling prohibiting a farmer from using seeds harvested from patented herbicide-resistant soybeans has left lawyers with more questions than answers about the extent of patent owners’ rights in other emerging, self-replicating technologies.Read More »
A 2013 litigation forecast for in-house counsel predicts “no end in sight” for wage and hour litigation, a growing sophistication in trade secret theft and new spoliation challenges in e-discovery.
Tagged with: antitrust class actions e-discovery environmental litigation Foreign Corrupt Practice Act government contracts in-house counsel international trade labor and employment patents torts toxic torts trade secrets whistleblowers white collar crimeRead More »
A process patent for correlations between blood test results and patient health was not patent eligible pursuant to 35 U.S.C. §101 because it incorporated laws of nature. U.S. Supreme Court. Mayo Collaborative Services v. Prometheus Laboratories, Inc., No. 10-1150. March ...
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A legal malpractice lawsuit involving the defendants’ handling of intellectual property litigation was not subject to the exclusive patent jurisdiction of the federal courts, the California Court of Appeal has ruled in reversing a dismissal.Read More »