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News bytes
  • Shook Hardy & Bacon LLP
  • USA
  • May 1 2014

The U.S. Food and Drug Administration (FDA) seeks input "on the design and conduct of the postmarketing requirements (PMRs) for the class-wide


Nature of nurture? Myriad decoded for non-biochemists
  • Shook Hardy & Bacon LLP
  • USA
  • July 31 2013

Gene patents became unstable with a clearly worded U.S. Supreme Court decision: "We merely hold that genes and the information they encode are not


Federal Circuit applies patent issuance date to laches claim in inventorship correction suit
  • Shook Hardy & Bacon LLP
  • USA
  • December 6 2012

The Federal Circuit Court of Appeals has ruled that a claim for correction of inventorship under 35 U.S.C. 256 accrues when the patent issues and not when the allegedly omitted inventors purportedly knew or should have known that they were not named inventors on the patent application


U.S. Supreme Court to consider just one question in Myriad Genetics
  • Shook Hardy & Bacon LLP
  • USA
  • December 6 2012

The U.S. Supreme Court has agreed to review a Federal Circuit Court of Appeals ruling on the patentability of human genes and limited its grant of certiorari to the question “Are human genes patentable?”


Study shows rise in biotech patent litigation
  • Shook Hardy & Bacon LLP
  • USA
  • September 20 2012

PricewaterhouseCoopers LLP has released its “2012 Patent Litigation Study,” which shows that the 4,105 patent lawsuits filed in 2011 marked a high point and a 22-percent increase from the previous year


Federal Circuit kills lost-profits award
  • Shook Hardy & Bacon LLP
  • USA
  • July 22 2013

In Calico Brand, the Federal Circuit applied well-established case law to overturn a lost profits award when proof of “but for” causation was lacking


CRS releases report on “patent trolls” debate
  • Shook Hardy & Bacon LLP
  • USA
  • September 20 2012

The Congressional Research Service has released a report titled “An Overview of the ‘Patent Trolls’ Debate,” that reviews the controversy over litigation filed by non-practicing entities “and their effect on innovation, examines the reasons for the rise in PAE patent assertion entity litigation, and explores the legislative options available to Congress if it decides that these are issues that should be addressed.”


Alleged infringing farmer files Scotus merits brief on patent exhaustion
  • Shook Hardy & Bacon LLP
  • USA
  • December 7 2012

Indiana farmer Vernon Bowman claims in his U.S. Supreme Court merits brief that the Federal Circuit Court of Appeals, which ruled that he infringed patents by planting second-generation genetically modified (GM) seeds, has “significantly curtailed the patent-exhaustion defense” by refusing to “hold Monsanto’s patent rights exhausted with respect to the seeds Bowman purchased from a grain elevator.”


News bytes
  • Shook Hardy & Bacon LLP
  • USA
  • December 6 2012

Heads of the U.S. Patent and Trademark Office (USPTO), European Patent Office and Japan Patent Officecollectively known as the Trilateral Offices confirm their commitment to eliminating unnecessary duplication of work, enhancing patent examination and quality, and working to ensure that stable patent rights can be granted smoothly and easily worldwide


USPTO announces roundtable on real-party-in-interest information
  • Shook Hardy & Bacon LLP
  • USA
  • December 6 2012

The U.S. Patent and Trademark Office (USPTO) will conduct a roundtable in January 2013 to obtain public input on whether it should promulgate regulations “that would require greater public transparency concerning the ownership of patent applications and patents by requiring the provision of real-party-in-interest information during patent prosecutions and at certain times post-issuance.”