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U.S. Supreme Court remands Myriad Genetics to Federal Circuit
  • Shook Hardy & Bacon LLP
  • USA
  • March 29 2012

As anticipated, the U.S. Supreme Court has granted the petition for certiorari filed in a case involving to what extent genetic discoveries can be patented, and then vacated the Federal Circuit Court of Appeals judgment and remanded the matter for reconsideration in light of Mayo Collaborative Services v. Prometheus Laboratories, Inc., No. 10-1150 (U.S., decided March 20, 2012).

Federal Circuit explores when litigation is “reasonably foreseeable” for spoliation purposes
  • Shook Hardy & Bacon LLP
  • USA
  • May 19 2011

The Federal Circuit Court of Appeals has issued rulings in companion patent-infringement cases involving the alleged spoliation of documents; at issue was a determination as to when litigation is "reasonably foreseeable," thus triggering a document-preservation duty.

Medical treatment claims deemed patentable on reconsideration after Bilski
  • Shook Hardy & Bacon LLP
  • USA
  • January 13 2011

The Federal Circuit Court of Appeals has confirmed its earlier decision, rendered before Bilski v. Kappos, 130 S. Ct. 3218 (2010), was decided, and ruled that methods for determining the optimal dosage of thiopurine drugs used to treat gastrointestinal and non-gastrointestinal autoimmune diseases recite patentable subject matter under 101.