A student-run resource for reliable reports on the latest law and technology news

The Way the Cookie Crumbles: “Metaphorical” Arguments Before The Supreme Court on the Patentability of Genes

Ass’n for Molecular Pathology v. Myriad Genetics, Inc.
By Alex Shank – Edited by David LeRay

On Monday, April 15, the Supreme Court heard oral arguments to determine the validity of a patent encompassing the use of the BRCA1 and BRCA2 genes. Mutations in these genes correlate strongly with the development of breast and ovarian cancers. As the patent owner, Myriad Genetics, Inc. (“Myriad”) possesses and exercises the exclusive right to sell diagnostic testing kits based on these genes.

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Posted On Apr - 29 - 2013 Comments Off READ FULL POST

BASF Loses Pesticide Patent Appeal Due to Prosecution Disclaimer Doctrine

BASF v. Makhteshim Agan
By David LeRay – Edited by Ashish Bakshi

BASF Agro B.V. (“BASF”), the world’s largest chemical manufacturer, suffered a setback in its patent litigation against Makhteshim Agan of North America (“Makhteshim”), the world’s largest generic agrochemical maker.The Court of Appeals for the Federal Circuit affirmed the Middle District of North Carolina’s grant of summary judgment of non-infringement for the defendants.

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Posted On Mar - 29 - 2013 Comments Off READ FULL POST

Manufacturers’ Attempt to Invoke RICO Act Fails Against Non-Practicing Entity

In re Innovatio IP Ventures
By David LeRay – Edited by Kathleen McGuinness

The Northern District of Illinois granted in part and denied in part Innovatio IP Ventures’s motion to dismiss seven claims in a complaint brought by manufacturers of wireless Internet technology. The court dismissed several of the manufacturers’ claims, including the claim based on the RICO Act, but did not dismiss claims based on breach of contract and promissory estoppel.

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Posted On Feb - 26 - 2013 1 Comment READ FULL POST

Federal Circuit Reaffirms Sufficiency of Animal Testing for Medical Device Patents, Makes eBay Test Less Rigid

Edwards Lifesciences v. CoreValve
By David LeRay – Edited by Dorothy Du

The Federal Circuit affirmed in part and remanded in part the United States District Court for the District of Delaware, which had found that CoreValve infringed upon Edwards Lifesciences’ heart valve patent and awarded lost profits damages, but did not issue an injunction.

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Posted On Nov - 30 - 2012 Comments Off READ FULL POST
Apple Inc. v. Samsung Elecs. Co. By David LeRay – Edited by Michael Hoven Apple Inc. v. Samsung Elecs. Co., No. 2012-1507 (Fed. Cir. Oct. 11, 2012) Slip opinion The Federal Circuit reversed the Northern District of California, which had granted a preliminary injunction against Samsung’s Galaxy Nexus smartphone. The case was decided by Judges Prost, Moore, and Reyna, who acted unanimously. The Federal Circuit held that the district court abused its discretion in finding that Apple established it was ... Read More...
Posted On Oct - 22 - 2012 Comments Off READ FULL POST
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Specific Facts Suppo

By Geng Chen – Edited by Ashish Bakshi [caption id="attachment_4393" align="alignleft" ...

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DOJ Indicts Nine for

By Emma Winer – Edited by Sheri Pan [caption id="attachment_4373" align="alignleft" ...

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European Court of Ju

By Paul Klein – Edited by Alex Shank [caption id="attachment_4363" align="alignleft" ...

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Google to Supreme Co

By Michael Shammas – Edited by Mary Schnoor [caption id="attachment_4353" align="alignleft" ...

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Mozilla Announces Re

By Sheri Pan – Edited by Corey Omer [caption id="attachment_4341" align="alignleft" ...