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Archive for the ‘Federal Circuit Decisions’ Category

Federal Circuit Upholds Patentability Of Isolated Genes By Albert Wang – Edited by Kassity Liu Ass’n for Molecular Pathology v. USPTO, No. 2010-1406 (Fed. Cir. July 29, 2011) Slip Opinion The Federal Circuit reversed the United States District Court for the Southern District of New York on the issues of whether Myriad’s patent claims regarding the BRCA gene and BRCA screening were valid. The Circuit affirmed on the issues of standing and patentability of Myriad’s method of comparing DNA sequences. ... Read More...
Posted On Aug - 12 - 2011 Comments Off READ FULL POST
Supreme Court to Consider Civil Procedure Issues in Two Patent Cases By Marina Shvarts – Edited by Dorothy Du Hyatt v. Kappos, 625 F.3d 1320 (Fed. Cir. 2010) Petition for Writ of Certiorari hosted by scotusblog.com Caraco Pharm. Labs., Ltd. v. Novo Nordisk A/S, 601 F.3d 1359 (Fed. Cir. 2010) Petition for Writ of Certiorari hosted by scotusblog.com In Kappos v. Hyatt, the Court will consider whether a patent applicant who is seeking to overturn a Patent and Trademark Office (“PTO”) ... Read More...
Posted On Jul - 13 - 2011 Comments Off READ FULL POST
Federal Circuit Heightens Standard for Inequitable Conduct By Marina Shvarts – Edited by Dorothy Du Therasense, Inc. v. Becton, Dickinson and Co., 2008-1511, -1512, -1513, -1514, -1595 (Fed. Cir. May 25, 2011) (en banc) Slip Opinion The Court of Appeals for the Federal Circuit vacated and remanded the decision of the United States District Court for the Northern District of California, which found U.S. Patent No. 5,820,551 (“the ’551 patent”) unenforceable due to inequitable conduct. The Federal Circuit heightened the ... Read More...
Posted On May - 31 - 2011 Comments Off READ FULL POST
Federal Circuit Provides Guidance for Obviousness Determinations by the PTO and the Board of Patent Appeals and Interferences By Abby Lauer – Edited by Dorothy Du In re Kao, 2010-1307 (Fed. Cir. May 13, 2011) Slip Opinion The Federal Circuit vacated and remanded a decision of the Board of Patent Appeals and Interferences (“Board”), which had rejected patent application 11/680,432 (“the ‘432 application”) for obviousness. The Federal Circuit also affirmed findings of obviousness by the Board regarding patent applications 12/167,859 ... Read More...
Posted On May - 31 - 2011 Comments Off READ FULL POST
Federal Circuit Ruling in Favor of TiVo Against EchoStar Changes Test for Reviewing Contempt Orders By Dorothy Du – Edited by Matt Gelfand TiVo Inc. v. EchoStar Corp., 2009-1374 (Fed. Cir. April 20, 2011) (en banc) Slip Opinion The Court of Appeals for the Federal Circuit affirmed in part and vacated in part the decision of the District Court for the Eastern District of Texas, which had found the appellants (collectively “EchoStar”) in contempt of two provisions of the court’s ... Read More...
Posted On May - 21 - 2011 1 Comment READ FULL POST
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