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Results: 1-10 of 42

Federal Circuit’s patent infringement ruling conflicts with USPTO re-examination on validity

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • November 1 2012

The Federal Circuit Court of Appeals has denied a request for an en banc rehearing by a medical-device patent holder which argued that the U.S. Patent and Trademark Office’s (USPTO’s) Board of Patent Appeals had effectively nullified a previous Federal Circuit decision on the validity of its patent

Violations of discovery orders result in default judgment, monetary sanctions, potential discipline

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • August 18 2011

A federal court in Texas has imposed severe sanctions in a patent infringement lawsuit, due to repeated violations of its discovery orders and the creation of a fraudulent discovery-related document; a default judgment has been entered against the violator, and information about the document has been forwarded to alert the district’s chief judge “of the need to potentially take disciplinary measures” against counsel

Ambry Genetics countersues Myriad Genetics in genetic patent infringement suit

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • August 15 2013

Responding to the patent infringement claims asserted against it by Myriad Genetics, Ambry Genetics Corp. denies that the 15 patents at issue were

ACLU weighs in on patentability of human genes in Myriad Genetics

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

American Civil Liberties Union (ACLU) attorneys representing the petitioners in The Association for Molecular Pathology v. Myriad Genetics, Inc., No. 12-398 (U.S., docketed October 1, 2012), have filed their petition for review before the U.S. Supreme Court. Information about the Federal Circuit Court of Appeals ruling from which the petition has been filed appears in Issue 41 of this Bulletin

Myriad litigants seek rehearing, stalling case before Federal Circuit panel

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • September 22 2011

Court watchers were reportedly surprised that both sides to litigation involving the patentability of genetic discoveries filed petitions for a rehearing before the divided Federal Circuit Court of Appeals panel that issued a ruling on the matter in July 2011

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

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

Federal Circuit confirms that generic ANDA applications did not infringe drug patents

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

The Federal Circuit Court of Appeals has determined that when generic drug makers seek Abbreviated New Drug Applications (ANDAs) from the Food and Drug Administration (FDA) for uses of patented drugs not covered by the patents, the generics do not infringe the patents

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

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