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Archive for the ‘Patent’ Category

By Caity Ross Edited by Abby Lauer Editorial Policy In 2004, Fiona Murray and Kyle Jensen published a prominent article in the journal Science. They reported that the USPTO had issued 4,270 human gene patents for 4,382 distinct human genes. Approximately one-fifth of known human genes were claimed in a U.S. patent.[1] Beyond human genes, there are approximately 20,000 patents covering a wide range of naturally occurring DNA sequences.[2] Gene patents include “[n]ine patents [that] have been applied for on the genes which determine your eyeball, 40 on ... Read More...
Posted On May - 14 - 2010 Comments Off READ FULL POST
Court Orders District Court to Reconsider Preliminary Injunction on “Catcher in the Rye” Sequel By Katy Yang – Edited by Kassity Liu Salinger v. Colting, No. 09-2878-cv (2d Cir. April 30, 2010) Slip Opinion The United States Court of Appeals for the Second Circuit vacated and remanded the judgment of the United States District Court for the Southern District of New York, which had granted Salinger’s motion for a preliminary injunction for copyright infringement and unfair competition. The Second Circuit ... Read More...
Posted On May - 2 - 2010 Comments Off READ FULL POST
Federal Circuit Affirms Exclusion and Cease-and-Desist Orders against GPS Chipmaker By Gary Pong – Edited by Dmitriy Tishyevich SiRF Tech., Inc. v. ITC, Appeal 2009-1262 (Fed. Cir., Apr. 12, 2010). Slip Opinion The Federal Circuit affirmed a decision by the International Trade Commission (“ITC”), which found that SiRF Technology, Inc. (“SiRF”) violated 19 U.S.C. § 1337 by unlawfully importing and selling Global Positioning System (“GPS”) devices that infringed upon patents owned by Global Locate, Inc. and Broadcom Corp. (collectively, “Global ... Read More...
Posted On Apr - 19 - 2010 Comments Off READ FULL POST
Panel Criticizes Bilski Machine-or-Transformation Test By Kathryn Freund – Edited by Ryan Ward Editorial Policy On Thursday, April 1st, JOLT hosted a panel discussion at Harvard Law School on the impact of In Re Bilski, a 2008 en banc decision by the Court of Appeals for the Federal Circuit holding that the machine-or-transformation test is the proper method for determining patent-eligible subject matter. Digest previously covered the Bilski decision here. The case was appealed to the Supreme Court, which heard oral ... Read More...
Posted On Apr - 6 - 2010 1 Comment READ FULL POST
Court Invalidates Gene Patent By Elizabeth Akerman – Edited By Davis Doherty Assn. for Molecular Pathology, et al. v. USPTO, et al. Case no. 09-CV-4514 (S.D.N.Y. Mar. 29, 2010) Slip Opinion (hosted by PatentlyO) The United States District Court for the Southern District of New York held the patents issued to Myriad Genetics for isolated versions of two human genes to be “directed to a law of nature,” and therefore invalid pursuant to 35 U.S.C. § 101. Judge Sweet granted ... Read More...
Posted On Apr - 3 - 2010 Comments Off READ FULL POST
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