Federal Circuit Reaffirms Patent Eligibility of Isolated Human Genes By Jie Zhang – Edited by Jeffery Habenicht Ass’n for Molecular Pathology v. USPTO, No. 2010-1406 (Fed. Cir. Aug. 16, 2012) Slip opinion The Federal Circuit, on remand from the Supreme Court in light of the Court’s decision in Mayo Collaborative Servs. v. Prometheus Labs., affirmed in part and reversed in part a decision by the Southern District of New York, which had held that isolated breast cancer genes and a ... Read More...
Archive for the ‘Jurisdiction’ Category
Sixth Circuit Approves Warrantless Tracking of Cell Phone Location By Michael Hoven – Edited by Andrew Crocker United States v. Skinner, No. 09-6497 (6th Cir. Aug. 14, 2012) Slip opinion The Court of Appeals for the Sixth Circuit upheld a jury’s conviction of Melvin Skinner on two counts related to drug trafficking and one count of conspiracy to commit money laundering, rejecting Skinner’s argument on appeal that the district court had wrongly denied his motion to suppress evidence on the ... Read More...
Third Circuit Subjects Reverse Payments to Strict Antitrust Scrutiny By Jie Zhang – Edited by Charlie Stiernberg In Re: K-Dur Antitrust Litigation, No. 10-2077 (3d Cir. July 16, 2012) Slip opinion The Third Circuit Court of Appeals reversed the summary judgment of the United States District Court for the District of New Jersey, which had rejected an antitrust challenge to a reverse payment agreement between the K-Dur patent holder Schering-Plough Corporation (“Schering”) and the generic drug manufacturer Upsher-Smith Laboratories (“Upsher”) ... Read More...
By Susanna Lichter FTC Proposes Stricter Rules for Web Sites Visited by Children The Federal Trade Commission recently proposed new regulations that would require third party advertising applications to comply with the Children’s Online Privacy Protection Act (COPPA), the New York Times reports. COPPA, which took effect in 2000, currently requires web site operators, but not website add-ons, to notify parents and obtain consent when personal information is collected from children under 13 years of age. In addition to extending ... Read More...
The Eastern District of Texas Puts End to Eolas’ Patent Trolling By Dorothy Du – Edited by Jeffery Habenicht Eolas Techs. Inc. v. Adobe Sys., Inc., No. 6:09-cv-446 (E.D. Tex. July 19, 2012) Slip opinion (hosted by Justia.com) The United States District Court for the Eastern District of Texas denied plaintiff Eolas’s motion for judgment as a matter of law that its patents are valid or, alternatively, a new trial. Eolas Techs. Inc. v. Adobe Sys., Inc., No. 6:09-cv-446, slip. ... Read More...
