LexisNexis® Legal Newsroom
Microsoft Request For Patent Lawsuit Review Rejected

SEATTLE – (AP) A federal appeals court on Thursday rejected Microsoft Corp.’s request to review a $290 million patent ruling involving the software maker's popular word processing program. Microsoft had asked the U.S. Court of Appeals for the Federal Circuit for a review by its full roster...

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...

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. 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...

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...

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...

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...