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Results: 1-10 of 46

Medical treatment claims deemed patentable on reconsideration after Bilski

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

The Federal Circuit Court of Appeals has confirmed its earlier decision, rendered before Bilski v. Kappos, 130 S. Ct. 3218 (2010), was decided, and ruled that methods for determining the optimal dosage of thiopurine drugs used to treat gastrointestinal and non-gastrointestinal autoimmune diseases recite patentable subject matter under 101

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

U.S. Supreme Court to decide whether Stanford owns patents for invention funded with federal dollars

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • November 4 2010

The U.S. Supreme Court has granted the appeal of a Federal Circuit decision that rejected on standing grounds a university’s claim to patents that arose out of an NIH-financed research project involving technology for detecting HIV levels in a patient’s blood

Court dismisses French company from suit seeking correction of patent inventorship

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

A federal court in the District of Columbia has dismissed patent-related litigation against a French drug company for lack of personal jurisdiction

Control at issue in split Federal Circuit ruling on joint infringement

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • April 21 2011

A divided Federal Circuit Court of Appeals panel, relying on recent precedent, has confirmed that "where the actions of multiple parties combine to perform every step of a claimed method, the claim is directly infringed only if one party exercises 'control or direction' over the entire process such that every step is attributable to the controlling party."

Biotech company settles claims that counsel divulged confidential information

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • April 21 2011

A federal court in California has dismissed with prejudice claims that a biotech company filed against its former counsel alleging that the law firm had provided confidential information about the company's patent applications to another client

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

Patentability of medical treatment claims to be heard by U.S. Supreme Court

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • June 30 2011

The U.S. Supreme Court has agreed to review a Federal Circuit Court of Appeals ruling that methods for determining the optimal dosage of thiopurine drugs used to treat gastrointestinal and non-gastrointestinal autoimmune diseases recite patentable subject matter under 35 U.S.C. 101

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

Federal Circuit upholds fees, costs and sanctions in “patent troll” litigation

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

The Federal Circuit Court of Appeals has determined that a district court correctly awarded litigation costs and attorney’s fees to the defendant in an infringement action found to be an “exceptional case” and had sufficient grounds to impose Rule 11 sanctions against the plaintiff, a company in the business of filing infringement actions to extract nuisance value settlements