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Archive for the ‘Patent’ Category

Federal Circuit Rules Federal Law Trumps State Law in Interpretation of Patent Ownership Rights By Flora Amwayi – Edited by Jonathan Allred Abraxis Bioscience, Inc. v. Navinta LLC, 2009-1539, 2011 WL 873298 (Fed. Cir. Mar. 14, 2011) Slip Opinion The Federal Circuit denied a petition for an en banc rehearing of a Federal Circuit panel order dismissing Abraxis’ patent infringement case against Navinta. The court dismissed the case on the grounds that Abraxis did not have standing to sue for ... Read More...
Posted On Mar - 28 - 2011 Comments Off READ FULL POST
Federal Circuit Requires Pleading with Particularity in False Marking Lawsuit By Raquel Acosta – Edited by Jonathan Allred In re BP Lubricants USA Inc., No. 960 (Fed. Cir. March 15, 2011) Slip Opinion The U.S. Court of Appeals for the Federal Circuit granted in part the petition for a writ of mandamus filed by BP Lubricants USA Inc. (“BP”), reversing in part the District Court for the Northern District of Illinois, which had denied BP’s motion to dismiss on the ... Read More...
Posted On Mar - 23 - 2011 Comments Off READ FULL POST
Senate Debates Historic Patent Reform Act By Lauren Henry – Edited by Jad Mills S. 23: Patent Reform Act of 2011 Bill The Senate is currently debating the Patent Reform Act of 2011, also known as the Invent America Act (“the Act”).  If passed, the Act would be the first major reform to the patent system in over fifty years. The Act is co-sponsored by Senate Judiciary Committee Chairman Patrick Leahy, D-Vt., Sen. Orrin Hatch, R-Ut, and Sen. Chuck Grassley, ... Read More...
Posted On Mar - 12 - 2011 Comments Off READ FULL POST
District Court Holds Unconstiutional Qui Tam Provisions of False Marking Statute By Nathan Lovejoy – Edited by Chinh Vo Unique Prod. Solutions, Ltd. v. Hy-Grade Valve, Inc., No. 5:10-CV-1912 (N.D. Ohio Feb. 23, 2011) Slip opinion hosted by Inventive Step The U.S. District Court for the Northern District of Ohio granted defendant Hy-Grade’s motion to dismiss on the grounds that the qui tam provision of the Patent Act’s False Marking statute, 35 U.S.C. § 292, is unconstitutional. The district court held ... Read More...
Posted On Mar - 6 - 2011 Comments Off READ FULL POST
By Vivian Tao Supreme Court Hears Oral Arguments in HIV Test Patent Dispute Mercury News reports that oral arguments in the Supreme Court began this week over whether a Stanford University researcher’s patent on an HIV test belongs to Stanford or pharmaceutical company Roche. Researcher Mark Holodniy developed the test while he was employed as a professor at the Stanford School of Medicine. The dispute centers around whether he could transfer Stanford’s patent rights while working as a visiting researcher at Cetus laboratories, ... Read More...
Posted On Mar - 6 - 2011 Comments Off READ FULL POST
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