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Archive for the ‘Patent’ Category

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...
Posted On Aug - 22 - 2012 Comments Off READ FULL POST
By Michael Hoven Facebook’s “Sponsored Stories” Settlement Rejected by Court District Judge Richard Seeborg of the Northern District of California rejected a $20 million settlement of a class-action suit against Facebook over its “Sponsored Stories” feature, reports Wired. In his order, Judge Seeborg questioned the fairness of the proposed settlement, under which Facebook would pay $10 million in attorney’s fees and $10 million to charity, to class members, especially given the size of the award to plaintiffs’ attorneys and the ... Read More...
Posted On Aug - 20 - 2012 Comments Off READ FULL POST
By Charlie Stiernberg Proposed SHIELD Act Would Require Non-Practicing Entities to Pay Legal Costs The Saving High-Tech Innovators from Egregious Legal Disputes Act of 2012 (“SHIELD Act”) aims to deter non-practicing entities (“NPEs”)—patent holders that do not make, use, or sell their claimed invention—from filing lawsuits by requiring such plaintiffs to pay successful defendants’ attorney fees, if a court determines that the suit did not have a reasonable likelihood of succeeding. Congressman Peter Defazio (D-OR) introduced H.R. 6245 on August ... Read More...
Posted On Aug - 13 - 2012 Comments Off READ FULL POST
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...
Posted On Aug - 7 - 2012 Comments Off READ FULL POST
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...
Posted On Aug - 7 - 2012 Comments Off READ FULL POST
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