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EU Court of Justice Advocate General issues ruling on Stem Cell patentability

  • Shook Hardy & Bacon LLP
  • -
  • European Union, United Kingdom
  • -
  • August 7 2014

In a non-binding ruling, Advocate General Cruz Villalón of the EU Court of Justice has determined that unfertilized human ova whose division

Federal Circuit says certain human genes may be patented

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • August 4 2011

In a ruling likely to be appealed to the U.S. Supreme Court, a divided Federal Circuit Court of Appeals panel has determined that genetic discoveries may, to a certain extent, be patented

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

Exhaustion doctrine applied to method patent

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • November 21 2013

A divided Federal Circuit Court of Appeals panel has determined that a method patent holder that gave away 60 percent of the blood-glucose testing

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

Parties to gene patent dispute change course by seeking U.S. Supreme Court review

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • October 20 2011

After filing petitions for rehearing before the Federal Circuit Court of Appeals panel that split over whether genetic discoveries can be patented, the parties have apparently changed course and indicated their intent to petition the U.S. Supreme Court for review

Federal Courts of Appeals conflict over validity of pay-for-delay deals

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

The Third Circuit Court of Appeals issued a ruling in mid-July that found “any payment from a patent holder to a generic patent challenger who agrees to delay entry into the market must be treated by a factfinder as prima facie evidence of an unreasonable restraint of trade,” thus supporting the Federal Trade Commission’s (FTC’s) view that pay-for-delay deals that settle patent disputes between name-brand pharmaceutical companies and their generic drug competitors violate antitrust law

SCOTUS sides with FTC in reverse payment deals

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • June 20 2013

A divided U.S. Supreme Court has determined that patent-infringement settlement agreements requiring the patentee to pay the claimed infringer

Mayo v. Prometheus laboratories argued before U.S. Supreme Court

  • Shook Hardy & Bacon LLP
  • -
  • USA
  • -
  • December 15 2011

With major industries weighing in as amici on the patentability of diagnostic medical tests, the U.S. Supreme Court heard arguments in a significant patent case on December 7, 2011

Eleventh Circuit turns aside FTC challenge to pay-for-delay deal

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

The Eleventh Circuit Court of Appeals has dismissed an antitrust action filed by the Federal Trade Commission (FTC) against a name-brand prescription drug manufacturer (the patent holder) and generic drug companies that entered into pay-for-delay agreements to settle patent infringement claims filed against the generic drug companies