Federal Circuit Affirms Rejection Of Vaccine-Autism Link

WASHINGTON, D.C. — (Mealey’s) In the first appeal to be considered of the Vaccine Court’s rejection of a connection between childhood vaccines and autism, the Federal Circuit U.S. Court of Appeals affirmed May 13 that the petitioners’ evidence was unreliable and insufficient ...

Supreme Court Takes Up Patent Inventorship Dispute

WASHINGTON, D.C. - (Mealey's) Four months after inviting the views of the U.S. solicitor general, the U.S. Supreme Court on Nov. 1 agreed to hear a case that could better define the rights of federal contractor universities in patent disputes arising from federally funded research ( Board of Trustees...

Oral Arguments Held In Microsoft Word Patent Case

WASHINGTON, D.C. - (Mealey's) The evidentiary standard for proving patent invalidity was debated April 18 before the U.S. Supreme Court in a dispute involving the popular word-processing software program Microsoft Word ( Microsoft Corp. v . i4i Limited Partnership and Infrastructure for Information...

Federal Circuit Reverses Ruling That Spoliation Made Patents Unenforceable

WASHINGTON, D.C. - (Mealey's) A ruling that Rambus Inc.'s patents in suit for various aspects of its dynamic random access memory (DRAM) chips were unenforceable as a result of the company's spoliation of evidence was reversed May 13 when a Federal Circuit U.S. Court of Appeals panel voted...

Supreme Court Rules Against University In Patent Case

WASHINGTON, D.C. - (Mealey's) In a dispute over patented HIV-detection kits, a divided U.S. Supreme Court on June 6 affirmed a Federal Circuit U.S. Court of Appeals ruling that the Bayh-Dole Act does not automatically vest title to federally funded inventions in federal contractors or authorize contractors...

Sutherland Alert: Shredding Before Suing Can Lead To Spoliation Sanctions

by Ann Fort and Jason Chang Patent owners are now on notice: The Federal Circuit has confirmed that shredding relevant documents after identifying litigation targets can lead to spoliation sanctions, even if the destruction occurred before litigation was "imminent" or "probable without...

Supreme Court Rules Against Microsoft In Patent Case

WASHINGTON, D.C. - (Mealey's) Endorsing a "clear and convincing" standard for proving patent invalidity, the U.S. Supreme Court on June 9 sided with a patent holding firm in its longstanding dispute with defendant Microsoft Corp. ( Microsoft Corp. v. i4i Limited Partnership et al. , No...

Supreme Court Grants Certiorari In Patent Dispute Over Hatch-Waxman Provision

WASHINGTON, D.C. - (Mealey's) The U.S. Supreme Court will review the Federal Circuit U.S. Court of Appeals' ruling, in a case of first impression, that the counterclaim provision of the Hatch-Waxman Act is available "only if the listed patent does not claim any approved methods of using...

Role Of New Evidence In Patent Appeals To Be Decided By Supreme Court

WASHINGTON, D.C. - (Mealey's) The U.S. Supreme Court on June 27 agreed to take up a dispute over the proper procedures for courts to use in proceedings initiated under 35 U.S. Code Section 145, which allows applicants to file a civil action in a federal district court as an alternative to appealing...

Patentability Of Medical Treatment Claims Debated Before Supreme Court

WASHINGTON, D.C. -- One year after vacating and remanding a Federal Circuit U.S. Court of Appeals determination that medical treatment protocol steps are patentable, the U.S. Supreme Court heard oral argument on Dec. 7 in the same case ( Mayo Collaborative Services and Mayo Clinic Rochester v. Prometheus...

High Court Hears Oral Arguments In Dispute Over Evidence In Patent Appeals

WASHINGTON, D.C. - (Mealey's) Federal district courts deciding an adverse patentability ruling by the U.S. Patent and Trademark Office (PTO) should apply a deferential standard of review, an attorney for the U.S. government told the U.S. Supreme Court Jan 9 ( David J. Kappos v. Gilbert P. Hyatt ...

Williams Mullen Alert: Will Federal Circuit's Model Order In Patent Cases Solve The E-Discovery 'Problem'?

By Monica McCarroll and John B. Swingle Chief Judge Rader of the Federal Circuit caused quite a stir among both the patent and eDiscovery bars when he unveiled a new Model Order intended to curb perceived abuses of eDiscovery in patent cases. Chief Judge Rader unveiled the Model Order during his September...

High Court Sides With Petitioner In Patent Dispute Over Treatment Protocols

WASHINGTON, D.C. - (Mealey's) The U.S. Supreme Court on March 20 held that processes claimed by a patent that recites laws of nature are not patentable absent additional features providing "practical assurance" that the processes are genuine applications of those laws, rather than a drafting...

U.S. High Court Issues Split Ruling On Jurisdiction Of Federal Employees' Suit

WASHINGTON, D.C. - (Mealey's) The Civil Service Reform Act (CSRA) precludes district court jurisdiction over claims by federal employees seeking to declare acts of Congress unconstitutional, a split U.S. Supreme Court ruled June 11 ( Michael B. Elgin, et al. v. Department of the Treasury, et al....

On Remand, Federal Circuit Reverses Patent Ineligibility Findings

WASHINGTON, D.C. - (Mealey's) In a divided ruling, the Federal Circuit U.S. Court of Appeals on Aug. 16 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 to Section...

U.S. Supreme Court Grants Farmer's Petition In Seed Patent Dispute

WASHINGTON, D.C. - (Mealey's) The U.S. Supreme Court agreed Oct. 5 to weigh in on a dispute of "core practical importance to agriculture and of vital interest in patent law," according to a petition for certiorari ( Vernon Hugh Bowman v. Monsanto Co. , No. 11-796, U.S. Sup.). ( Petition...

U.S. High Court: Little Tucker Act Doesn't Waive Government's Sovereign Immunity

WASHINGTON, D.C. - (Mealey's) The Little Tucker Act doesn't waive the U.S. government's sovereign immunity when it comes to damages actions filed under the Fair Credit Reporting Act (FCRA), a unanimous U.S. Supreme Court ruled Nov. 13 ( United States of America v. James X. Bormes , No. 11...

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 Nov. 30 announced it will again take up the case ( The Association...

High Court Will Consider Whether Reverse-Payment Settlements Are Anti-Competitive

WASHINGTON, D.C. — (Mealey's) The Supreme Court on Dec. 7 granted the Federal Trade Commission’s petition for a writ of certiorari seeking consideration of whether reverse-payment settlements of patent litigation between the holder of a drug patent and generic manufacturers of the drug...

U.S. Supreme Court Says Employment Law Case Belongs In District Court, Not Federal Circuit

WASHINGTON, D.C. - (Mealey's) The U.S. Supreme Court unanimously ruled Dec. 10 that a federal employee claiming that an agency action appealable to the Merit Systems Protection Board (MSPB) violates an antidiscrimination statute in 5 U.S. Code Section 7702(a)(1) should file the appeal in a district...

Supreme Court Hears Patent Exhaustion, Soybean Seed Case

WASHINGTON, D.C. - (Mealey's) If allowed to stand, a 2011 Federal Circuit U.S. Court of Appeals ruling will threaten farmers by prioritizing "patent rights over personal property rights," something "that's never been done in 150 years,"an attorney for one such farmer told...

Supreme Court Partly Reverses, Says Isolated DNA Not Patentable

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.). (lexis.com subscribers...

City of Houston Seeks U.S. Supreme Court Review for the Denial of its Request to Register its Municipal Seal with the U.S. Patent and Trademark Office

On December 30, 2013, the City of Houston, Texas filed a petition for a writ of certiorari with the United States Supreme Court to challenge a decision of the United States Court of Appeals for the Federal Circuit, In re City of Houston, 731 F.3d 1326 (Fed. Cir. 2013) , which upheld the denial of the...

United States Supreme Court Remands Patent Case For Review As To Whether Terms In The Patent Are Sufficiently Define Under The Patent Act

The United States Supreme Court, on June 2, 2014, handed down the opinion in the case of Nautilus Inc. v. Biosig Instruments, Inc, 13-369 . Biosig Instruments, Inc. (Biosig) held a patent for a heart rate monitor and filed a patent infringement action against Nautilus, Inc. (Nautilus) that claimed that...

Norton Rose Fulbright: Supreme Court Addresses Indefiniteness In Nautilus

Claim must ‘inform with reasonable certainty’ By Tamsen Barrett On Monday, June 2, 2014, the Supreme Court articulated its standard for indefiniteness under 35 USC §112, second paragraph and held that 35 USC §112, second paragraph requires that "a patent's claims...