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Supreme Court finds medical diagnostic method unpatentable

Day Pitney LLP
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USA
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March 27 2012

In an important decision that most directly impacts the medical diagnostics industry but will also have wider reverberations, the U.S. Supreme Court not only reconfirmed that abstract ideas and laws of nature are not eligible for patent protection, but unanimously approached the problem of determining patent eligibility in a way that once again requires companies to reassess their patent portfolios and those of their competitors

The Supreme Court reaffirms the clear-and-convincing standard for patent invalidity

Day Pitney LLP
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USA
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June 15 2011

In Microsoft v. i4i (S. Ct., June 9, 2011), the Supreme Court unanimously affirmed that clear and convincing evidence is needed to prove the invalidity of a U.S. patent

The Supreme Court retools the test for induced patent infringement

Day Pitney LLP
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USA
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June 3 2011

In Global-Tech Appliances, Inc. v. SEB S.A. (S. Ct., May 31, 2011), the Supreme Court adjusted the requirements for active inducement liability for patent infringement under 35 U.S.C. 271(b

The Federal Circuit redefines inequitable conduct

Day Pitney LLP
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USA
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June 2 2011

In Therasense, Inc. (now Abbott Diabetes Care) v. Becton, Dickinson and Company (Fed. Cir., May 25, 2011) (en banc), the Federal Circuit recalibrated the test for rendering a patent unenforceable based on inequitable conduct by the patentee

The machine-or-transformation test reaffirmed as useful and important

Day Pitney LLP
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USA
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December 20 2010

In Prometheus v. Mayo Collaborative (2008-1403, Fed. Cir., Dec. 17, 2010) ("Prometheus II"), the Federal Circuit has, on remand from the Supreme Court, again found Prometheus's claims directed to methods of treating the human body with medication to be patent-eligible subject matter

U.S. Supreme Court leaves door open for some business method patents

Day Pitney LLP
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USA
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June 30 2010

The patentability of business methods has been the subject of much recent debate, and the Supreme Court weighed in this week in Bilski v. Kappos

Federal Circuit upholds separate written description requirement

Day Pitney LLP
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USA
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March 23 2010

In a lengthy opinion invoking rules of grammar, stare decisis and the settled expectations of the patent community, and even 19th-century Supreme Court precedent, the Federal Circuit yesterday reaffirmed en banc the separate written description requirement of 35 U.S.C. 112, first paragraph, upholding its earlier decision in Ariad Pharms., Inc. v. Eli Lilly & Co

Medical diagnostic claims patent-eligible after Bilski

Day Pitney LLP
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USA
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October 5 2009

In Prometheus Laboratories, Inc., v. Mayo Collaborative Services, 2008-1403 (September 16, 2009), the Federal Circuit, on first impression, held medical diagnostic claims to be patent-eligible subject matter under the "machine or transformation" test first elucidated in In re Bilski

Federal Circuit closely scrutinizes inequitable conduct charges

Day Pitney LLP
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USA
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August 7 2009

Patent cases frequently include claims that the patentee hid material information from the Patent Office, in an attempt to secure issuance of the patent

Federal Circuit in Tafas invalidates the U.S. Patent Office's continuation rule but does not render a final decision on the remaining rules

Day Pitney LLP
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USA
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March 27 2009

On March 20, 2009, the United States Court of Appeals for the Federal Circuit ruled, in a 2-1 plurality opinion, that the U.S. Patent and Trademark Office ("PTO") did not exceed its authority in promulgating certain new patent rules in 2007

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