The Intellectual Property Owners Association (IPO) an amicus curiae brief in the AMP v. USPTO and Myriad Genetics case, a lawsuit challenging patents covering diagnostic tests for mutations in genes. In the district court, the University of Utah and Myriad Genetics lost in a U.S. court ruling over patents for detecting inherited breast cancer related […]
In a lawsuit challenging patents covering diagnostic tests for mutations in genes, the University of Utah and Myriad Genetics lost a U.S. court ruling over some of its patents for detecting inherited breast cancer related to the human genes known as Breast Cancer Susceptibility Genes 1 and 2, or “BRCA1” and “BRCA2.” The 152-page decision […]
Earlier, the American Civil Liberties Union (ACLU), the Public Patent Foundation (PUBPAT), and a whole gaggle of others filed a lawsuit challenging patents covering diagnostic tests for mutations in genes. Association for Molecular Pathology, et al. v. United States Patent and Trademark Office, et al. On March 29, 2010, the University of Utah and Myriad […]
Browsing the aisles of Costco, taking in the consumerism the Christmas has come to denote, my mind was drawn to its jewelry and watch section. As I was feasting my eyes upon baubles and trinkets I have no use for, I recalled the not so recent Ninth Circuit Costco v. Omega which in turn reminded […]
The Federal Circuit recently affirmed that an admission that an accused infringing device practices an industry standard may, without more, be the basis for a finding of infringement. Fujitsu, LG and Philips v. Netgear, US Court of Appeals for the Federal Circuit (10-1045). Philips asserted claims of U.S. patent no. 4,974,952, Fujitsu asserted claims from […]
In a nonprecidential opionion, the U.S. Court of Appeals for the Federal Circuit dismissed an appeal by Biopolymer Engineering (Biothera) as moot after it appealed a District Court order granting summary judgment of noninfringement by Immunocorp and Biotec Pharmacon ASA (Biotec). Biopolymer Engineering and MIT v. Immunocorp and Biotec Pharmacon ASA (2010-1096). Biothera sued Biotec […]
Caraco Pharmaceutical Labs and Sun Pharmaceutical Ind. tried to get a rehearing en banc regarding the counterclaim provision of the Hatch-Waxman Act (HWA). Novo Nordisk A/S v. Caraco Pharmaceutical Labs and Sun Pharmaceutical Ind., US Court of Appeals for the Federal Circuit (2010-1001). The petition for panel rehearing and for rehearing en banc was denied. […]
“The backlog is indeed our biggest problem.” ~ USPTO Director David Kappos CBS News ran a story on Sunday on the growing backlog at the U.S. Patent & Trademark Office. Since the federal patent agency was created in 1790, the U.S Patent and Trademark Office has issued 7,752,677 patents. Now, with an average wait time […]
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Editor-in-Chief Barista Stephen Jenei is a patent attorney and Owner of Jenei LLC. When not serving up patent chat over a steaming cup of java, he's handling a diverse intellectual property practice in the biotechnology, pharmaceutical and chemical fields. More info @ Jenei LLC
