WASHINGTON, D.C. - (Mealey's) The U.S. Supreme Court today rejected a
call by the U.S. Patent and Trademark Office (PTO) for stricter evidentiary
rules and an elevated standard of review in challenges to adverse patentability
rulings ( David J. Kappos v. Gilbert P. Hyatt , No. 10-1219, U.S. Sup...
By Allen E. Hoover
Today [April 18, 2012], in Kappos v. Hyatt , the U.S. Supreme Court affirmed the Court of Appeals for the Federal Circuit, holding that courts must consider de novo any evidence presented by the appellant in a civil action under 35 U.S.C. § 145 .
Under 35 U.S.C. §145...
n Dawson v. Dawson
[ an enhanced version of this opinion is available to lexis.com
subscribers ], the Federal Circuit considered an unusual case with a
question that often arises in interferences: when did the inventor invent the
subject matter at issue. While the decision does not break new ground...
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) 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 Amy DeCloux Ph.D. and Kathleen M. Williams Ph.D.
The court's long-anticipated decision in Association of Molecular Pathology. v. Myriad Genetics Inc unanimously supported the premise that a gene in its isolated form cannot be the subject of a U.S. patent.
"The very first...
by Maria Luisa Palmese and Deborah A. Somerville
On July 2, 2013, Consumer Watchdog (formerly The Foundation for Taxpayer and Consumer Rights) asked the Court of Appeals for the Federal Circuit to apply the product of nature analysis from Association for Molecular Pathology, et. al. v. Myriad Genetics...
by Dov Greenbaum
With the Supreme Court then poised to rule in Association for Molecular Pathology v. Myriad Genetics, Inc., 569 U.S. __(2013) regarding the subject matter eligibility of isolated genes, the en banc Federal Circuit in CLS Bank v. Alice Corp. (Fed. Cir. 2013) failed to provide a clear...
The First Year of PTAB Patentability Challenges
Today marks the one year anniversary of the new patent challenge mechanisms of the America Invents Act (AIA). Over the past few months there have been many noteworthy rulings in the 550+ Inter Partes Review (IPR) proceedings and 50+ Covered Business...
Simplification of PTAB Trial Grounds May Not Help CAFC
Under the old inter partes patent reexamination model, patentees were often faced with 10+ grounds of rejection. The numerosity and overlap in these rejections rendered USPTO processing quite tedious and resource intensive. For at least this reason...
The USPTO’s new patent subject matter eligibility guidelines (the “Guidelines”) include examples that apply the multi-factored analysis mandated by the Guidelines to compositions that include one or more “natural products” as a component. Do these examples indicate that...