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Federal Circuit affirms dismissal of patent assignor estoppel claims

Shook Hardy & Bacon LLP
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USA
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February 21 2013

The Federal Circuit Court of Appeals has affirmed the district court's dismissal of claims filed by a patent owner against the co-inventor who

Court rejects attempt to keep settled infringement suit alive through appeal

Shook Hardy & Bacon LLP
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USA
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January 24 2013

The Federal Circuit Court of Appeals has dismissed as moot the appeal of a patent infringement dispute between parties that had settled the claims

U.S. Supreme Court refuses to consider patent dispute over vascular grafts

Shook Hardy & Bacon LLP
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USA
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January 24 2013

The U.S. Supreme Court has denied the petition for review filed by W.L. Gore & Associates, Inc. in a dispute over the patent for a prosthetic

Validity of AIA’s retroactive elimination of qui tam provision upheld in false marking suit

Shook Hardy & Bacon LLP
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USA
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January 10 2013

The Federal Circuit Court of Appeals has determined that Congress's retroactive elimination of a provision allowing private parties to prosecute

AIPLA amicus brief urges Scotus to keep patent malpractice suits in state court

Shook Hardy & Bacon LLP
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USA
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December 6 2012

In an amicus brief, the American Intellectual Property Law Association (AIPLA) urges the U.S. Supreme Court to scale back the Federal Circuit Court of Appeals’ view of jurisdiction over state-law claims that involve patent-law issues

U.S. Supreme Court to consider just one question in Myriad Genetics

Shook Hardy & Bacon LLP
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USA
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December 6 2012

The U.S. Supreme Court has agreed to review a Federal Circuit Court of Appeals ruling on the patentability of human genes and limited its grant of certiorari to the question “Are human genes patentable?”

Prior trademark litigation no bar to patent infringement claim

Shook Hardy & Bacon LLP
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USA
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December 6 2012

A divided Federal Circuit Court of Appeals panel has ruled that a patent infringement claim involving an undercarriage system for conveyor belts is not barred by claim preclusion even though the parties had previously litigated a trademark infringement action arising from advertisements for a product based on the patented technology

Federal Circuit applies patent issuance date to laches claim in inventorship correction suit

Shook Hardy & Bacon LLP
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USA
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December 6 2012

The Federal Circuit Court of Appeals has ruled that a claim for correction of inventorship under 35 U.S.C. 256 accrues when the patent issues and not when the allegedly omitted inventors purportedly knew or should have known that they were not named inventors on the patent application

CRS visiting scholar recommends that Congress clarify patentable subject matter doctrine

Shook Hardy & Bacon LLP
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USA
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November 15 2012

In a Congressional Research Service paper titled “Mayo v. Prometheus: Implications for Patents, Biotechnology, and Personalized Medicine,” visiting scholar John Thomas considers how the U.S. Supreme Court ruling limiting the patentability of diagnostic methods that simply describe natural phenomena and relations may affect innovation and public health

USPTO faces challenges when determining patent eligibility

Shook Hardy & Bacon LLP
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USA
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November 15 2012

According to a news source, the U.S. Patent and Trademark Office has been struggling with how to determine whether an invention is patenteligible given the lack of clear guidance from the U.S. Supreme Court

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