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Results: 1-10 of 46

Federal court upholds FTC rules on reporting certain pharma patent transfers

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • June 12 2014

Granting the agency's motion for summary judgment, a federal court in the District of Columbia has upheld the U.S. Federal Trade Commission's (FTC's

Court dismisses action to correct inventorship of two patents

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

A federal court in Massachusetts has determined that genetic researchers could neither substitute themselves as the inventors of two patents nor correct the patents' inventorship to add their names under 35 U.S.C. 256, because they had not engaged in any collaborative efforts with the named inventors

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 reverses Patent Appeals Board on obviousness ruling and commercial success evidence

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • January 13 2011

The Federal Circuit Court of Appeals has determined that the Board of Patent Appeals and Interferences incorrectly rejected on obviousness grounds a patent claim involving physical and air shields to prevent the clogging of a nozzle to a Wurster coater, which sprays coating material onto pharmaceutical ingredients

CRS report focuses on pharmaceutical patent settlements

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • August 1 2013

The Congressional Research Service (CRS) recently issued a report titled "Pharmaceutical Patent Settlements: Issues in Innovation and

Court finds no standing for Consumer Watchdog in stem cell patent appeal

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • June 12 2014

The Federal Circuit Court of Appeals has rejected not-for-profit Consumer Watchdog's appeal of the U.S. Patent and Trademark Office's (USPTO's

Parties to gene patent dispute change course by seeking U.S. Supreme Court review

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

After filing petitions for rehearing before the Federal Circuit Court of Appeals panel that split over whether genetic discoveries can be patented, the parties have apparently changed course and indicated their intent to petition the U.S. Supreme Court for review

Federal Courts of Appeals conflict over validity of pay-for-delay deals

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • August 2 2012

The Third Circuit Court of Appeals issued a ruling in mid-July that found “any payment from a patent holder to a generic patent challenger who agrees to delay entry into the market must be treated by a factfinder as prima facie evidence of an unreasonable restraint of trade,” thus supporting the Federal Trade Commission’s (FTC’s) view that pay-for-delay deals that settle patent disputes between name-brand pharmaceutical companies and their generic drug competitors violate antitrust law

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

SCOTUS sides with FTC in reverse payment deals

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • June 20 2013

A divided U.S. Supreme Court has determined that patent-infringement settlement agreements requiring the patentee to pay the claimed infringer