Tag Archives: Supreme Court

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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Should the USPTO Allow the Patenting of Living Organisms?

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Last year, a question was submitted to the GMO advocacy website GMOAnswers about whether or not the USPTO should allow the patenting of living organisms. Under 35 U.S.C. 101, “the laws of nature, physical phenomena, and abstract ideas have been held not patentable.” Therefore the USPTO cannot and does not award patents on living organisms that were merely discovered in nature. However, the U.S. Supreme Court Ruled in Diamond v. Chakrabarty that a “nonnaturally occurring Read More >

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Patent Parameters

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Supreme Court Finds Naturally Occurring DNA to Be Patent Ineligible Last summer, the Supreme Court issued its decision in Association for Molecular Pathology v. Myriad Genetics, Inc., which concerned the patent eligibility of the BRCA1 and BRCA2 genes. In Myriad, a unanimous Supreme Court held that a naturally occurring DNA segment is a product of nature and not patent eligible merely because it has been isolated. The Court also determined, albeit with one caveat, that 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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