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Monsanto ruling protects innovators of self-replicating biotechnology

Sutherland Asbill & Brennan LLP
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USA
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May 14 2013

On May 13, 2013, a unanimous U.S. Supreme Court held in Monsanto v. Bowman that the doctrine of patent exhaustion does not permit a farmer to

A little rule with big implications: USPTO implements new fee schedule including a 75 reduction in patent fees for applicants qualifying for "micro entity" status

Sutherland Asbill & Brennan LLP
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USA
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March 28 2013

On March 19, 2013, the United States Patent and Trademark Office (USPTO) implemented a new fee schedule as authorized by the Leahy-Smith America

A new design patent international filing treaty

Sutherland Asbill & Brennan LLP
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USA
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January 4 2013

A new system for international design patent registration will greatly benefit design innovators through cost and timing efficiencies. In December 2012

Legal alert: “safe harbor” provisions of Hatch-Waxman offer protection for certain post-approval activities

Sutherland Asbill & Brennan LLP
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USA
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August 10 2012

After finding that the Hatch-Waxman Act’s “safe harbor” provision protects “post-approval studies that are ‘reasonably related to the development and submission of information under a Federal law,’” a split panel of the U.S. Court of Appeals for the Federal Circuit vacated a preliminary injunction blocking the sale of a generic version of LOVENOX (enoxaparin injection) by Amphastar Pharmaceuticals, Inc. and Watson Pharmaceuticals, Inc., because the generic drug makers’ protected post-FDA approval activities did not infringe a Momenta Pharmaceuticals, Inc. patent (Momenta Pharmaceuticals, Inc. v. Amphastar Pharmaceuticals, Inc., No. 2012-1062 (Fed. Cir. Aug. 3, 2012

Supreme Court affirmance benefits patent applicants: allows introduction of new evidence on appeal

Sutherland Asbill & Brennan LLP
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USA
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April 23 2012

In Kappos v. Hyatt, the U.S. Supreme Court unanimously affirmed an en banc decision by the U.S. Court of Appeals for the Federal Circuit, finding that, subject only to the Federal Rules of Evidence and the Federal Rules of Civil Procedure, patent applicants are free to introduce new evidence in a district court appeal of a patent rejection

Patentability of personalized medicine under attack by unanimous Supreme Court

Sutherland Asbill & Brennan LLP
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USA
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March 27 2012

On March 20, 2012, the U.S. Supreme Court unanimously held in Mayo Collaborative Services v. Prometheus Laboratories that a method for administering a drug and determining a personalized medicine dosing level constituted patent ineligible subject matter because it fell within the prohibition against patenting laws of nature

Smith & Wesson settles ITC and district court patent disputes

Sutherland Asbill & Brennan LLP
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USA
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January 10 2012

In November, Smith &Wesson’s parent company, ThompsonCenter Arms Company, Inc. (TCA), settled its differences with Traditions Sporting Goods, Inc. (Traditions), and Ardesa S.A. dba Ardesa Firearms (“Ardesa”) stemming from a Section 337 action for patent infringement filed with the U.S. International Trade Commission (ITC), and a U.S. district court complaint filed in the U.S. District Court for Massachusetts

MagLite asserts design patent

Sutherland Asbill & Brennan LLP
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USA
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January 10 2012

Mag Instrument, Inc., the maker of MagLite flashlight products, filed a complaint for design patent infringement against the National Rifle Association and Does 1-10 in the U.S. District Court for the Central District of California

Eyewear manufacturers defend patents

Sutherland Asbill & Brennan LLP
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USA
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January 10 2012

Two eyewear manufacturers, Oakley Inc. (Oakley) and Eye Safety Systems, Inc. (ESS) filed design patent infringement complaints on the same day against Revision Military Ltd

Surefire asserts reissued patents against outdoor goods distributor

Sutherland Asbill & Brennan LLP
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USA
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January 10 2012

Surefire, Inc. filed a complaint asserting two reissue patents against Cabela’s Inc

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