WASHINGTON, D.C. - (Mealey's) The U.S. Supreme Court on Nov. 29 declined to grant a petition for certiorari by Tiffany (NJ) Inc. in a case in which the high-end jeweler had accused online auction site eBay Inc. of trademark infringement ( Tiffany [NJ] Inc., et al. v. eBay Inc. , No. 10-300, U.S....
by Frank L.
Bernstein and Jonathan D.
In a much-awaited decision, Kirtsaeng v. John Wiley
& Sons, Inc., (lexis.com subscribers may access Supreme Court briefs and the opinion for this case) the U.S. Supreme Court held that the copyright law's
"first sale" doctrine trumps...
WASHINGTON, D.C. - (Mealey's) The U.S. Supreme Court on April 15 appeared
skeptical of claims that native DNA is patentable during oral arguments in a
case closely watched by the medical community and biotech industry ( The
Association for Molecular Pathology, et al. v. Myriad Genetics Inc. ,...
by Deborah A.
Somerville and Joseph A. Coppola, Ph.D.
On April 15, the U.S. Supreme Court heard oral arguments
in Association for Molecular Pathology, et al. v. Myriad Genetics Inc., et
al. , a case that addresses the question "Are human genes patentable?" At
stake are a group of patents...
WASHINGTON, D.C. - (Mealey's) A soybean farmer accused of
infringing a patented pesticide-resistant seed was defeated May 13 in his
efforts to avoid liability via the patent exhaustion doctrine, when the U.S.
Supreme Court deemed the doctrine inapplicable to the dispute ( Vernon Hugh
In Bowman v. Monsanto, the
Supreme Court found patent exhaustion does not permit a farmer to reproduce
patented seeds for planting and harvesting without the patent holder's
permission. This decision highlights the similarity between impermissibly
replicating an invention and making use of a...
WASHINGTON, D.C. - (Mealey's) In a unanimous ruling June
13, the U.S. Supreme Court found that although complementary DNA, or "cDNA," is
patent-eligible, isolated DNA is not ( The Association for Molecular
Pathology et al. v. Myriad Genetics Inc. , No. 12-398, U.S. Sup.; See
by Sharona H. Sternberg
Just over a century ago, when
buying a book for a dollar still seemed expensive, the Supreme Court first
recognized the "first sale doctrine," a basic exception to a
copyright owner's distribution rights. Once a consumer buys a copyrighted
product, like a...
In a much-anticipated decision,
the Supreme Court in FTC v. Actavis held 5-3 that reverse-payment
settlements of Hatch-Waxman Act litigation are neither immune from antitrust
liability nor presumptively unlawful, but rather must be analyzed under the
rule-of-reason standard on a case-by-case basis...
is sponsoring a Managing Intellectual Property TM webinar on the latest
developments in biotech patents, to be held Thursday, June 27 at 12 noon EDT.
Biotech patent specialists will discuss recent biotech patent developments,
including the US Supreme Court cases involving Monsanto and...
In Kirtsaeng v. John Wiley & Sons, Inc., 568 U.S. ___, 2013 U.S. LEXIS 2371 (March 19, 2013) [ an enhanced version of this opinion is available to lexis.com subscribers ] , the Supreme Court held that the first sale rule of copyright law applies to foreign as well as domestically made...
WASHINGTON, D.C. — (Mealey’s) The U.S. Supreme Court on Oct. 1 announced that it will hear oral arguments in three intellectual property disputes presenting issues that range from the availability of a laches defense to the proper standard for an award of attorney fees.
In the first list...
WASHINGTON, D.C. — (Mealey’s) To uphold findings by the Federal Circuit U.S. Court of Appeals that a patent licensee bears the burden of proving noninfringement “would impair the purpose and utility of the Declaratory Judgment Act,” an attorney for petitioner Medtronic Inc. told...
WASHINGTON, D.C. — (Mealey’s) The proper analytical framework for assessing standing in Lanham Act false advertising cases is the same for assessing standing in an antitrust action, counsel for Lexmark International Inc. told the U.S. Supreme Court Dec. 3 ( Lexmark International Inc. v. Static...
WASHINGTON, D.C. — (Mealey’s) The U.S. Supreme Court announced on Jan. 10 that it will hear four intellectual property cases in an upcoming term, covering issues ranging from the streaming of copyrighted content over the Internet to the rights of private companies to challenge false labels...
The Supreme Court's previous musings on the patent-eligibility of software under § 101 have failed to provide the guidance needed by lower courts, practitioners, and patent owners. It illustrates the utter confusion. The jurists with the greatest sophistication on matters of patent law -- the...
Lexmark Int'l Inc. v. Static Control Components, Inc., 697 F.3d 387 (6th Cir. 2012)
In the never-ending toner wars, ink will once again be spilled as the Supreme Court considers a false advertising dispute in Lexmark Int'l Inc. v. Static Control Components ., 697 F.3d 387 (6th...