Tag Archives: Intellectual Property

Patent Cases Down by 40% in 2014

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The number of new patent cases filed in federal court has dropped by an astonishing 40 percent as compared to this time last year. This trend has some questioning whether Congressional patent reform is even necessary. Some legal experts are attributing this drop to the fallout from the U.S. Supreme Court’s recent Alice vs. CLS Bank decision. In June, SCOTUS ruled in the case of Alice that certain subject matter which had been patentable (a computer-implemented Read More >

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The Washington Post: Are Patents the Problem?

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Tamar Haspel, food columnist for the Washington Post, looks at the issue of seed patents in her October column: If you’re at the right party — a party populated by agriculture wonks — the issue of patenting living organisms might get more of a rise than either religion or politics, demonstrating both that patenting is a hot issue and that agriculture wonks aren’t much of a hit at parties (trust me on this one). A Read More >

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BIO Submits Amicus Briefs in Braintree v. Novel, Gilead v. Natco, and Bristol-Myers Squibb v. Teva Pharmaceuticals

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BIO has submitted briefs in three recent cases which could significantly impair drug and biotechnology efforts, urging reconsideration and review from both the Supreme Court and the U.S. Court of Appeals for the Federal Circuit. BIO, in conjunction with PhRMA, submitted an amicus brief to the Supreme Court in Braintree v. Novel, arguing that the majority’s decision creates an unpredictable climate for patent claims. Vacating the prior claim construction precedent which had repeatedly interpreted “a” Read More >

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PTO Patent Examinations in the wake of Mayo and Myriad

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Biotech patent applicants are finding themselves in uncharted waters.   After the Supreme Court’s decisions in Mayo Collaborative Svs. v. Prometheus Labs and Ass’n for Molecular Pathology v. Myriad Genetics, companies have been trying to understand how these decisions will impact the industry. A recent study supported by BIO, in collaboration with Bloomberg BNA and the law firm of Robins, Kaplan, Miller & Ciresi analyzed how Mayo and Myriad have changed patent eligibility for biotechnology. Read More >

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BIO Submits Comments on “Myriad” PTO Patent Guidance

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On July 31st, BIO, alongside a group of international bioindustry trade associations submitted comments to the United States Patent and Trademark Office regarding their March 4, 2014 Guidance on patent subject matter eligibility. Representing associations from Japan, Australia, Canada, the UK, Germany, Spain, Portugal Belgium, the Netherlands and others, the comments reflect a deep concern among the international community regarding how the PTO is interpreting the Supreme Court’s recent decisions in Mayo v. Prometheus and Read More >

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