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Results: 1-10 of 193

Federal Circuit addresses personal jurisdiction in patent infringement litigation

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • August 30 2012

Finding that the U.S. Supreme Court “has yet to reach a consensus on the proper articulation of the stream-of-commerce theory” of personal jurisdiction to assess whether a court has jurisdiction over a non-resident defendant in a patent infringement suit, the Federal Circuit Court of Appeals has applied its own theory, which assesses the pleadings and evidence under “any articulation of the stream-of-commerce theory,” and has determined that a district court in Wyoming properly dismissed two patent infringement lawsuits for lack of jurisdiction

French company prevails in dispute with FDA over drug-classification ruling

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • October 3 2012

A federal court in the District of Columbia has determined that the Food and Drug Administration (FDA) erred when it classified a combination drug-device product as primarily a drug, thus subjecting its French manufacturer to more burdensome regulatory requirements

Dissatisfied patent reexamination plaintiff contends standing conferred by statute

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • November 13 2014

A consumer-interest organization that was dissatisfied by a Board of Patent Appeals and Interferences (BPAI) ruling in the appeal of a patent

Science publishers voluntarily dismiss part of copyright infringement case against law firm

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • September 20 2012

The companies that claim law firms violate their copyrights in scientific articles when the firms submit copies of the articles with patent applications to the U.S. Patent and Trademark Office have sought leave to amend their complaint by withdrawing these claims but will move forward with claims that additional copies the firms make infringe the companies’ copyrights

Federal Circuit dubbed a “rogue appeals court,” seen as biased in favor of patent holders

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • October 3 2012

Writing for Ars Technica in an article titled “How a rogue appeals court wrecked the patent system,” associate writer Timothy Lee explores the history of the Federal Circuit Court of Appeals, noting that it was created in 1982 due to “concerns about the lack of uniformity in patent law that had become widespread.” With sole appellate jurisdiction over patent disputes, the court accomplished congressional goals by making patent law more uniform, but it had other side effects, according to Lee

Federal Circuit says certain human genes may be patented

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • August 4 2011

In a ruling likely to be appealed to the U.S. Supreme Court, a divided Federal Circuit Court of Appeals panel has determined that genetic discoveries may, to a certain extent, be patented

Court dismisses fraud claims against investors who sued biotech startup

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • February 7 2011

A federal court in California has granted in part the motion that two biotech startup investors filed under the state's anti-SLAPP (strategic lawsuit against public participation) law to dismiss the company's counterclaims against them

Fractured Myriad Genetics ruling follows SCOTUS remand

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • August 30 2012

Ruling that one plaintiff had standing to seek a declaratory judgment as to the patent eligibility of certain genetic discoveries, the Federal Circuit Court of Appeals has once again reversed in part and affirmed in part a lower court’s determination that isolated DNA molecules and methods of comparing molecules to determine whether a patient’s genes have mutations that could cause breast and ovarian cancer were not patent eligible

Federal Circuit requests briefing on piecemeal appeal in patent infringement suit

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • August 16 2012

The Federal Circuit Court of Appeals, on its own motion, has granted a hearing en banc in a patent infringement suit involving “beam-type” automobile wiper blades and requested that the parties address whether the court has jurisdiction over an appeal from patent infringement liability determinations given that a damages trial has not yet occurred and willfulness issues remain undecided

Federal Circuit addresses pleading standards for patent infringement claims

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • May 2 2013

The Federal Circuit Court of Appeals has determined that a federal district court erred by relying on an incorrect pleading standard in dismissing