Archive for the 'News and Events' Category

Novozymes v Dupont Nutrition Biosciences

The Court of Appeals for the Federal Circuit upheld a district court finding of invalidity in the patent litigation case of Novozymes A/S v Dupont Nutrition Biosciences.  The Federal Circuit held that the claims of the Novozymes patent did not meet the written description requirement of 35 U.S.C Sec 112, Paragraph 1 and affirmed the […]

Association For Molecular Pathology v Myriad Genetics

The U.S. Supreme Court today handed down an opinion in the closely watched patent case of Association For Molecular Pathology v Myriad Genetics.  The Court held that isolated genetic material from DNA is not patent eligible subject matter under 35 U.S.C Sec. 101.  Rather, isolated genetic material which is otherwise unchanged falls within the law of […]

Bowman v Monsanto

The U.S. Supreme Court today ruled in favor of Monsanto in the patent infringement case directed to the scope of the concept of patent exhaustion.  The Court held that, “patent exhaustion does not permit a farmer to reproduce patented seeds through planting and harvesting without the patent holder’s permission.  The opinion can be found here Bowman v […]

CLS Bank International v Alice Corporation

The Court of Appeals for the Federal Circuit, in an en banc decision, has affirmed the district court’s ruling that Alice Corporation’s patent claims directed to a computer implemented method, computer-readable medium, and corresponding system claims recite patent ineligible subject matter under 35 U.S.C. Sec. 101.  The opinion can be found here CLS Bank International v […]

AMP v Myriad

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 […]

WNET v Aereo

The Second Circuit Court of Appeals decided today that Aereo’s service does not infringe the plaintiffs’ public performance rights under the Copyright Act.  The Aereo service transmits broadcast television programs to its subscribers as those programs are airing on  broadcast television.  The opinion can be found here WNET v Aereo.

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 […]

Aristocratic Technologies v International Game Technology

The U.S. Federal Circuit Court of Appeals vacated and remanded a summary judgement finding of no indirect infringement.  The Court, citing Akamai Technologies, Inc. v. Limelight Networks, Inc., concluded, Thus, “[a] party who knowingly induces others to engage in acts that collectively practice the steps of the patented method—and those others perform those acts—has had precisely the […]

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