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

Routine High-Throughput Screening is Undue Experimentation, Federal Circuit Holds

Wyeth v. Abbott Labs
By Kathleen McGuinness – Edited by Alex Shank

The Federal Circuit upheld the invalidity of patents claiming the use of rapamycin to treat restenosis, the renarrowing of an artery following angioplasty. The court held that “routine experimentation” to discover species of compounds within a claimed genus could constitute “undue experimentation,” since the discovery may require screening tens of thousands of compounds without any guidance from the patent.


Posted On Jul - 5 - 2013 Comments Off READ FULL POST

Supreme Court Adopts “Rule of Reason” for Reverse Payment Settlements

Federal Trade Commission v. Actavis, Inc.
By Kathleen McGuinness – Edited by Jennifer Wong

On June 17, the Supreme Court ruled that reverse payment settlements between brand name and generic drug manufacturers were not presumptively unlawful, but were subject to scrutiny under the “rule of reason.” This holding overruled the Eleventh Circuit’s dismissal of the case and resolved a circuit split.


Posted On Jul - 3 - 2013 Comments Off READ FULL POST

Isolated DNA Unpatentable but cDNA Patentable, Holds Supreme Court

Ass’n for Molecular Pathology v. Myriad Genetics
By Alex Shank – Edited by Kathleen McGuinness

In a unanimous decision, the Supreme Court held that “a naturally occurring DNA segment is a product of nature and not patent eligible merely because it has been isolated.” However, “cDNA is patent eligible because it is not naturally occurring.” Id. The Court thus affirmed in part and reversed in part the Court of Appeals for the Federal Circuit’s prior opinion upholding the patent eligibility of isolated DNA.


Posted On Jun - 25 - 2013 Comments Off READ FULL POST

Flash Digest: News in Brief
By Kathleen McGuinness

Google News Becomes Opt-In in Germany

Federal Circuit Rules that Software Patent Is Not an “Abstract Idea”

Tokyo Court Rules for Apple, Against Samsung in Bounce-Back Patent Dispute


Posted On Jun - 22 - 2013 Comments Off READ FULL POST

Court Dismisses Monsanto Case

Organic Seed Growers v. Monsanto
By Kathleen McGuinness – Edited by Jennifer Wong

The Federal Circuit dismissed a declaratory judgment action against Monsanto for lack of jurisdiction. Monsanto’s assurances constituted a legally binding disclaimer not to sue in cases of inadvertent contamination by their patented seeds. Since the plaintiffs had not removed themselves from the disclaimer’s protection, any “case or controversy” was moot.


Posted On Jun - 20 - 2013 Comments Off READ FULL POST
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