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Results: 1-10 of 99

Federal Circuit’s patent infringement ruling conflicts with USPTO re-examination on validity

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

The Federal Circuit Court of Appeals has denied a request for an en banc rehearing by a medical-device patent holder which argued that the U.S. Patent and Trademark Office’s (USPTO’s) Board of Patent Appeals had effectively nullified a previous Federal Circuit decision on the validity of its patent

Violations of discovery orders result in default judgment, monetary sanctions, potential discipline

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • August 18 2011

A federal court in Texas has imposed severe sanctions in a patent infringement lawsuit, due to repeated violations of its discovery orders and the creation of a fraudulent discovery-related document; a default judgment has been entered against the violator, and information about the document has been forwarded to alert the district’s chief judge “of the need to potentially take disciplinary measures” against counsel

U.S. patent reform cloture vote on Senate agenda in September

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • August 18 2011

A cloture vote on the House version of patent reform (H.R. 1249) will apparently face U.S. senators on September 6, 2011, after they return to Washington, D.C., from their summer break

News bytes

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • October 3 2012

U.S. Health and Human Services Secretary Kathleen Sebelius delegates authority to the Food and Drug Administration (FDA) to determine whether clinical trial information was not submitted to the Clinical Trial Registry and Results Data Bank as required by law or “was submitted but is false or misleading in any particular.”

Ambry Genetics countersues Myriad Genetics in genetic patent infringement suit

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • August 15 2013

Responding to the patent infringement claims asserted against it by Myriad Genetics, Ambry Genetics Corp. denies that the 15 patents at issue were

ACLU weighs in on patentability of human genes in Myriad Genetics

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • October 3 2012

American Civil Liberties Union (ACLU) attorneys representing the petitioners in The Association for Molecular Pathology v. Myriad Genetics, Inc., No. 12-398 (U.S., docketed October 1, 2012), have filed their petition for review before the U.S. Supreme Court. Information about the Federal Circuit Court of Appeals ruling from which the petition has been filed appears in Issue 41 of this Bulletin

NGOs request march-in rights for patented drug

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

Four non-governmental organizations (NGOs) have filed a petition with the National Institutes of Health (NIH) requesting that it grant march-in rights under the Bayh-Dole Act for a patented drug that they claim is “a federally funded invention that is much more expensive in the United States than in Canada, Europe or other high-income countries.”

Moody’s claims “the worst is over” for pharmaceutical companies facing patent cliff

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • October 3 2012

Moody’s Investor Services has reportedly revised its outlook for the global pharmaceutical industry and upgraded it to stable, apparently anticipating that earnings will rebound in 2013 with the slowdown in patent expirations, characterized by many industry observers as the “patent cliff.”

EU Court of Justice nixes patents for stem-cell inventions involving human embryo destruction

  • Shook Hardy & Bacon LLP
  • -
  • European Union
  • -
  • October 20 2011

The European Union (EU) Court of Justice has determined that EU patent law does not protect neural precursor cells and the processes for their production from embryonic stem cells

False-marking plaintiff challenges retroactive application of AIA standing requirement

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • November 17 2011

A Benjamin N. Cardozo School of Law-affiliated non-profit legal services organization, known as the Public Patent Foundation, has filed a pleading in its false-marking lawsuit against the company that makes Tylenol products, challenging the constitutionality of a retroactive America Invents Act (AIA) provision that would divest the non-profit of standing