We use cookies to customise content for your subscription and for analytics.
If you continue to browse Lexology, we will assume that you are happy to receive all our cookies. For further information please read our Cookie Policy.
In cooperation with Association of Corporate Counsel
  Request new password

Search results

Order by most recent / most popular / relevance

Results: 1-10 of 93

DOJ seeks earliest calendaring before Federal Circuit in Myriad Genetics

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • February 24 2011

Acting Solicitor General Neal Katyal has requested an April 4, 2011, oral argument date in a case before the Federal Circuit Court of Appeals asking whether and to what extent genetic discoveries may be patented

Control at issue in split Federal Circuit ruling on joint infringement

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • April 21 2011

A divided Federal Circuit Court of Appeals panel, relying on recent precedent, has confirmed that "where the actions of multiple parties combine to perform every step of a claimed method, the claim is directly infringed only if one party exercises 'control or direction' over the entire process such that every step is attributable to the controlling party."

News Bytes - June 6, 2013

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • June 6 2013

The U.S. Patent and Trademark Office creates the After Final Consideration Pilot Program 2.0 which modifies and extends a program designed to

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

FTC proposes new test for transfers of pharma patents to trigger antitrust review

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • August 16 2012

The Federal Trade Commission has issued for public comment a notice of proposed rulemaking that is intended to clarify “when a transfer of exclusive rights to a patent in the pharmaceutical industry results in a potentially reportable asset acquisition under the Hart Scott Rodino (HSR) Act.”

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.”

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

Patentability of medical treatment claims to be heard by U.S. Supreme Court

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • June 30 2011

The U.S. Supreme Court has agreed to review a Federal Circuit Court of Appeals ruling that methods for determining the optimal dosage of thiopurine drugs used to treat gastrointestinal and non-gastrointestinal autoimmune diseases recite patentable subject matter under 35 U.S.C. 101

Court dismisses action to correct inventorship of two patents

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • May 19 2011

A federal court in Massachusetts has determined that genetic researchers could neither substitute themselves as the inventors of two patents nor correct the patents' inventorship to add their names under 35 U.S.C. 256, because they had not engaged in any collaborative efforts with the named inventors

CRS visiting scholar recommends that Congress clarify patentable subject matter doctrine

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

In a Congressional Research Service paper titled “Mayo v. Prometheus: Implications for Patents, Biotechnology, and Personalized Medicine,” visiting scholar John Thomas considers how the U.S. Supreme Court ruling limiting the patentability of diagnostic methods that simply describe natural phenomena and relations may affect innovation and public health