The U.S. Supreme Court heard oral arguments yesterday in the case of Association for Molecular Pathology v. Myriad Genetics. The questions raised in this patent explore the boundaries of patent eligible subject matter. Much of the discussion focused on the nature of cDNA which is created through a process that includes the isolation of a […]
Archive for the 'U.S. Supreme Court' Category
FTC v Actavis
The U.S. Supreme Court heard oral arguments yesterday regarding a case of addressing the question of whether “reverse payments” made by a patent holding pharmaceutical company to a generic drug company for not entering the market for a patented drug runs afoul of anti-trust law. Here is the transcript FTC v Actavis
Kirtsaeng v John Wily & Sons
The U.S. Supreme Court held that the “first sale” doctrine applies to copies of copyrighted material originally sold outside of the United States and then resold here. The 6-3 majority opinion held that the “first sale” doctrine set forth in 17 U.S.C. Sec. 109(a) has no geographic limitation. Thus, the resale in the United States […]
Thomas-Rasset v Capital Records
The U.S. Supreme Court refused to grant certiorari in the appeal from the Eighth Circuit Court of Appeals finding that a damages award of $222,000 for the willful infringement of copyrights in 24 songs by the defendant was not unreasonable. Thomas-Rasset v Capital Records
Bowman v Monsanto
The U.S. Supreme Court heard oral arguments yesterday in the patent infringement case of Bowman v. Monsanto. The oral arguments can be found here. Bowman v. Monsanto- Oral Argument
FTC v. Watson Pharmaceuticals, Inc.
The Supreme Court on December 7, 2012 granted certiorari in the case of FTC v. Watson Pharmaceuticals, Inc.. The Supreme Court will address the question of whether a reverse-payment agreement between a pharmaceutical company patent holder and a generic pharmaceutical manufacturer is open to anti-trust attack or protected therefrom by virtue of the exclusionary protections of […]
The U.S. Supreme Court To Decide Whether Human Genes Are Patentable
On November 30, 2012, the U.S. Supreme Court ageed to decide the question of whether human genes are patentable. The Court has decided to review the Federal Circuit opinion in the case of Association for Molecular Pathology v. Myriad Genetics, Inc. in which the Court of Appeals decided that “isolated DNA” is markedly different from DNA […]
Kirstaeng v. John Wiley & Sons, Inc.
The U.S. Supreme Court heard oral arguments this week on a case addressing international copyright exhaustion. The case could impact the ability of U.S. owners to resell goods that are subject to copyright protection and were manufactured abroad. The oral arguments can be found here Kirstaeng v. John Wiley & Sons, Inc
