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Supreme Court: generic drug manufacturers have counterclaim right to correct improper use codes
- McDermott Will & Emery
- -
- USA
- -
- May 30 2012
The U.S. Supreme Court has now addressed for the first time the scope of a statutory provision authorizing generic drug companies to counterclaim in Hatch-Waxman litigation against a branded company to correct or delete patent information submitted to the U.S. Food and Drug Administration (FDA) and listed in the Orange Book
District court strikes down gene patents and methods of using genes as unpatentable subject matter
- McDermott Will & Emery
- -
- USA
- -
- March 30 2010
Judge Sweet held that products isolated from nature must possess "markedly different characteristics" from the product in nature to constitute patentable subject matter
Board reverses examiner’s favorable reexamination decision on patentability of human stem cell claims
- McDermott Will & Emery
- -
- USA
- -
- May 31 2010
On appeal in the inter partes reexamination for U.S. Patent No 7,029,913 (the ’913 patent), the Board of Patent Appeals and Interferences at the U.S. Patent and Trademark Office (the Board) found that a patent on human embryonic stem cells was invalid as anticipated by an earlier patent and obvious in light of the “significant guideposts” in the literature for deriving the cells at the time of invention
District court strikes down gene patents and methods of using genes as unpatentable subject matter
- McDermott Will & Emery
- -
- USA
- -
- April 28 2010
The U.S. District Court for the Southern District of New York granted the plaintiffs’ motion for summary judgment in the closely watched case Association for Molecular Pathology, et al v. USPTO and Myriad, et al
Can genes be patented?
- McDermott Will & Emery
- -
- USA
- -
- August 31 2011
It has long been held that inventions reflecting the “hand of man” may be patented
Court ruling strikes down gene patents on appeal
- McDermott Will & Emery
- -
- USA
- -
- November 22 2010
May a gene be patented?
Supreme Court rules in Prometheus: patent claims must recite “significantly more” than a law of nature
- McDermott Will & Emery
- -
- USA
- -
- March 22 2012
In a move that could have a significant impact on the fields of personalized medicine and medical diagnostics, the Supreme Court of the United States recently held claims to a blood test were invalid because they did not define patent-eligible subject matter
District court power to enjoin improper use code is limited
- McDermott Will & Emery
- -
- USA
- -
- August 30 2012
Addressing for the first time the role of a district court to remedy an improper use code submitted to the U.S. Food and Drug Administration (FDA), the U.S. Court of Appeals for the Federal Circuit held that a federal court’s powers are limited to enjoining an improper use code and that the party is “given the opportunity to propose the specific language of the use code.”
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- Workarea - Litigation
- Workarea - Healthcare
- Firm Name - McDermott Will & Emery
- Author - William Gaede