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Results: 1-10 of 56

Long-running GORE-TEX graft patent dispute fractures Federal Circuit panel

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

A divided Federal Circuit Court of Appeals panel has upheld a jury verdict of patent validity and willful infringement and affirmed a district court’s decision to enhance the damages verdict, thus upholding an award in excess of $371 million and an additional award of $19 million in costs and attorney’s fees

Court determines patent law limitations, not APA, apply to Section 154 extension matters

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

A federal court in Virginia has ruled that a patentee seeking review of a U.S. Patent and Trademark Office (USPTO) determination adjusting a patent term under 35 U.S.C. 154(b), a provision allowing for the extension of a patent term to account for the delay between the date the patent application is filed and when the patent is ultimately issued, must comply with the time limitations prescribed by patent law and not those set forth in the Administrative Procedure Act (APA

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

D.C. court relies on Prometheus to find therapeutic selection patents invalid

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • April 19 2012

Less than two weeks after the U.S. Supreme Court issued Mayo Collaborative Services v. Prometheus Laboratories, Inc., ruling that methods for determining an optimal drug dosage to treat certain autoimmune diseases were not patent eligible, a federal court in the District of Columbia similarly found that claims for “Systems, Methods and Computer Program Products for Guiding the Selection of Therapeutic Treatment Regimens” are patent-ineligible

Science publisher claims submission of prior art to USPTO involves copyright infringement

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • March 15 2012

A New Jersey-based publishing company has filed copyright infringement lawsuits in federal courts in two states against law firms that submitted citations to or copies of copyrighted articles from scientific journals to the U.S. Patent and Trademark Office (USPTO) with their clients’ patent applications

Drug companies and policymakers watch patent dispute before India’s high court

  • Shook Hardy & Bacon LLP
  • -
  • India
  • -
  • March 15 2012

According to a news source, the India Supreme Court will hear final arguments in March 2012 on whether the manufacturer of a drug that could not be patented in India because it was created before 1995 during a moratorium on the grant of patents to Western companies, may obtain a patent in that country for a newer form of the drug

Standing issue back in play in Myriad Genetics

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • June 7 2012

While the Federal Circuit Court of Appeals has ordered the parties in Molecular Pathology v. U.S. Patent and Trademark Office (Myriad Genetics) to address the effect of the U.S. Supreme Court’s Prometheus Laboratories ruling on the validity of the composition and method patents at issue in Myriad Genetics, the defendant, which holds an exclusive license to the patents, has once again raised whether the challengers have standing

Sanctions imposed on counsel in patent litigation affirmed

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • August 2 2012

The Federal Circuit Court of Appeals has upheld nearly $44,000 in sanctions imposed on the attorney for a plaintiff in patent litigation, finding that he was equally responsible for his client’s failure to adequately respond to an interrogatory seeking its infringement theory

JPML rules patent law reforms do not limit its authority to consolidate cases

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • May 17 2012

The Judicial Panel on Multidistrict Litigation (JPML) has determined that reforms adopted under the America Invents Act (AIA) do not limit its authority to centralize litigation filed in federal courts for coordinated or consolidated pretrial proceedings

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

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