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The Federal Circuit considers petitions for rehearing Suprema its decision defining the ITC’s authority to police induced infringement

  • Cadwalader Wickersham & Taft LLP
  • -
  • USA
  • -
  • April 7 2014

The International Trade Commission and Cross Match Technologies Inc. requested rehearing of the December panel decision of the U.S. Court of Appeals

New decision increases calculation of patent term

  • Cadwalader Wickersham & Taft LLP
  • -
  • USA
  • -
  • January 16 2014

Yesterday, in Novartis AG v. Lee, 2013-1160 (Fed. Cir., Jan. 15, 2014), the Federal Circuit determined that the USPTO has been incorrectly

Federal Circuit clarifies standards for a clinical trial to be public use

  • Cadwalader Wickersham & Taft LLP
  • -
  • USA
  • -
  • July 2 2013

In 2007, Dey L.P., Dey Inc., and their parent company Mylan, Inc. (collectively, "Dey") sued Sunovion Pharmaceutical, Inc. ("Sunovion"; formerly known

Supreme Court rules that a naturally occurring DNA segment is not patent eligible, but cDNA may be patent eligible

  • Cadwalader Wickersham & Taft LLP
  • -
  • USA
  • -
  • July 2 2013

After years of uncertainty about the patent eligibility of DNA under 101, the Supreme Court in Ass'n for Molecular Pathology v. Myriad Genetics

Supreme Court, in FTC v. Actavis, rejects the “scope of the patent” test, holding that antitrust law’s “rule of reason” analysis can pierce the shield of patent rights

  • Cadwalader Wickersham & Taft LLP
  • -
  • USA
  • -
  • July 2 2013

Patent rights and antitrust law contain inherently antagonistic policies: While antitrust law is aimed at preventing monopolies and promoting

Federal and state governments position patent trolls in their crosshairs

  • Cadwalader Wickersham & Taft LLP
  • -
  • USA
  • -
  • July 2 2013

The number of patents filed in recent years has increased with the proliferation of complex products containing thousands of components. So too has

Federal Circuit rules on patentability of business method patent

  • Cadwalader Wickersham & Taft LLP
  • -
  • USA
  • -
  • July 2 2013

The question on appeal was whether the district court erred in dismissing Ultramercial's claims for lack of subject matter eligibility under 101 due

Supreme Court decision compels brand-name and generic drug manufacturers alike to rethink Hatch-Waxman litigation strategies

  • Cadwalader Wickersham & Taft LLP
  • -
  • USA
  • -
  • June 18 2013

On June 17, 2013, in a decision long-awaited by antitrust and intellectual property practitioners, the U.S. Supreme Court ruled that so-called

Federal Circuit rejects extraterritoriality limitation for certain patent claims

  • Cadwalader Wickersham & Taft LLP
  • -
  • USA
  • -
  • June 4 2012

In our first posting of Merial Limited, BASF Agro B.V. v. CIPLA Ltd., et al., Nos. 2011-1471, 1472 (Fed. Cir. 2012), we discuss the Court of Appeals ruling on Fed. R. Civ. P. 4(k)(2

Prometheus redux

  • Cadwalader Wickersham & Taft LLP
  • -
  • USA
  • -
  • September 29 2011

The Supreme Court, for a second time, granted a petition for certiorari in Mayo Collaborative Serv. v. Prometheus Labs Inc., No. 10-1150, on June 20, 2011, thereby vacating the Federal Circuit’s December 17, 2010, opinion (628 F.3d 1347) which had been decided on remand for reconsideration in light of Bilski v. Kappos, 130 S. Ct. 3218 (2010