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Results: 1-10 of 188

Australian court finds human gene mutation to be patentable

  • Shook Hardy & Bacon LLP
  • -
  • Australia, USA
  • -
  • September 11 2014

A full panel of the Federal Court of Australia has upheld its earlier ruling that an isolated but naturally occurring nucleic acid, BRCA1, can be

Vaccine developer agrees to settle shareholder litigation

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • September 11 2014

A putative class action instituted by three shareholders against the nowbankrupt biotechnology company Biovest International, Inc., alleging

Court orders dispute over 23andMe DNA test kits to arbitration

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • July 17 2014

A multidistrict litigation court in California has ordered false-advertising, class-action claims filed against personal genetics company 23andMe to

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

USPTO seeks to intervene in publisher’s copyright infringement suit against law firm

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • June 21 2012

The U.S. Patent and Trademark Office (USPTO) has filed a motion to intervene, and an answer and counterclaim, in litigation brought by scientific-journal publishers against a law firm for alleged copyright infringement involving articles on prior art copied and submitted with its clients’ patent applications

Federal Circuit clarifies permanent injunction standard

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • October 20 2011

The Federal Circuit Court of Appeals has clarified that, while a judgment of patent infringement and validity does not constitute a presumption of irreparable harm “as it applies to determining the appropriateness of injunctive relief,” the judgment should not be ignored by the court when weighing the equities involved in deciding whether to impose a permanent injunction

Company seeks SCOTUS order allowing Federal Circuit to apply Alice standard

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • August 21 2014

Advanced Biological Laboratories SA (ABL) has requested in a reply brief that the U.S. Supreme Court (SCOTUS) issue a GVR ordergrant its

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 explores when litigation is “reasonably foreseeable” for spoliation purposes

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • May 19 2011

The Federal Circuit Court of Appeals has issued rulings in companion patent-infringement cases involving the alleged spoliation of documents; at issue was a determination as to when litigation is "reasonably foreseeable," thus triggering a document-preservation duty

Genetic technologies settles infringement suit over non-DNA coding technology

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

Genetic Technologies Ltd. (GTG) has reportedly settled a patent infringement lawsuit filed in late 2012 against PreventionGenetics. While the terms