Tag Archives: patent

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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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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Supreme Court Decision on Web Content Delivery to Impact Biotech Patents

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Earlier this month, in Limelight Networks, Inc. v. Akamai Technologies, Inc., the Supreme Court issued a decision that will likely impact patents directed to methods for treating or diagnosing diseases.  In Limelight Networks, the Court reversed the appellate court’s finding that Limelight had infringed U.S. Patent No. 6,108,703, which is assigned to the Massachusetts Institute of Technology and is exclusively licensed to Akamai Technologies.  In particular, the Court determined that a defendant is not liable Read More >

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Nautilus v. Biosig, Baxter v. Fresenius and Limelight v. Akamai

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BIO weighed in on three Supreme Court cases in the last few months whose outcome could change the IP landscape for biotechnology companies. BIO’s amicus brief in Nautilus v. Biosig Instruments argues that the petitioner misrepresents the Federal Circuit’s definiteness test and seeks to litigate an issue not properly before this court.  Petitioner’s approach radically departs from established law and practice.  Finally the petitioner’s approach would destabilize the patent system as it would inject substantial Read More >

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