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...
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...
Supreme Court Upholds the Individual Mandate of the Affordable Care Act By Jie Zhang – Edited by Michael Hoven National Federation of Independent Business v. Sebelius, Nos. 11–393, 11–398 and 11–400 (U.S. June 28, 2012) Slip opinion The Supreme Court partially reversed the Court of Appeals for the Eleventh Circuit, which had held that the individual mandate of the Patient Protection and Affordable Care Act (“ACA”) was unconstitutional but severable from other provisions of the act, and that the Medicaid ... Read More...
Federal Circuit Sets Forth New Standard for Willful Infringement By Jie Zhang – Edited by Jennifer Wong Bard Peripheral Vascular, Inc. v. W.L. Gore & Assocs., No. 2010-1050 (Fed. Cir. June 14, 2012) Slip Opinion The Court of Appeals for the Federal Circuit, in a 2-1 ruling following an en banc decision that sent the case back to panel for rehearing, partly reversed its earlier decision from February 10, 2012, which had affirmed the verdict of the District Court for ... Read More...
