Sunstein Kann Murphy & Timbers LLP: The Importance of Distinguishing a Product From an Invention

By Samuel J. Petuchowski, a member of our Patent Practice Group Under U.S. law, a patent may be obtained to protect a "process, machine, manufacture, or composition of matter" ( 35 U.S.C. § 101) that meets standards of utility, novelty and non-obviousness. Whether a patented invention...

Sheppard Mullin Richter & Hampton LLP: Supreme Court Holds That a Law of Nature Applied Using Known and Obvious Steps Is Not Patent Eligible

By Kevin Capps On March 20, 2012, the Supreme Court issued its much-anticipated decision in Mayo Collaborative Services, DBA Mayo Medical Laboratories, et al. v. Prometheus Laboratories, Inc . [ enhanced version available to lexis.com subscribers ], with potentially far-reaching ramifications for pharmaceutical...

Fitch, Even, Tabin & Flannery LLP: Supreme Court Vacates and Remands Software Patent Case

The U.S. Supreme Court has granted certiorari in WildTangent, Inc. v. Ultramercial, LLC, et al . [ enhanced version available to lexis.com subscribers ], and has instructed the Court of Appeals for the Federal Circuit to revisit its WildTangent decision in light of the Court's holding in Mayo Collaborative...

On Remand, Federal Circuit Reverses Patent Ineligibility Findings

WASHINGTON, D.C. - ( Mealeys ) In a divided ruling, the Federal Circuit U.S. Court of Appeals today [August 16th] reversed a New York federal judge's determination that composition claims related to isolated DNA molecules are patent-ineligible products of nature and scientific principles pursuant...

Certiorari Granted For A Second Time In Cancer Gene Patent Dispute

WASHINGTON, D.C. - ( Mealey's ) Less than a year after it returned to the Federal Circuit U.S. Court of Appeals a patent lawsuit over diagnostic test kits for determining hereditary risk of breast and ovarian cancer, the U.S. Supreme Court on Friday announced it will again take up the case (...