Tag Archives: U.S. Supreme Court

Patent Cases Down by 40% in 2014

Patent-Case-Filings-by-Month-2011-20141

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 >

Patently BIOtech  |  Leave a comment  |  Email This Post
Tags: , , , , , , , , , , , , , , , , , , , , , , ,

Supreme Court Enunciates New Indefiniteness Standard

Noonan

The Supreme Court has once again reversed a decision by the Federal Circuit, in this case involving the proper standard for finding claims indefinite. The case, Nautilus, Inc. v. Biosig Instruments, Inc., overturned the Federal Circuit’s “insolubly ambiguous” test and substituted its own “reasonable certainty” test.  The Court left intentionally unclear the precise ways in which their new test will differ from the Federal Circuit’s abrogated test, leaving it to the lower court to decide Read More >

Patently BIOtech  |  Leave a comment  |  Email This Post
Tags: , , , , , ,

Supreme Court Decision on Web Content Delivery to Impact Biotech Patents

Zuhn

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 >

Patently BIOtech  |  Leave a comment  |  Email This Post
Tags: , , , , , ,

BIO’s Prometheus v. Mayo Amicus Brief Filed

prometheus

BIO filed an amicus brief in the Prometheus v. Mayo Clinic case.  In this case the Supreme Court is being asked to decide whether diagnostic and personalized medicine claims that depend on a correlation of observed phenomena should be excluded from the patent system at the outset, as patent-ineligible abstract ideas or “laws of nature.” BIO’s brief argues that these judicially-created exclusions from patent-eligibility have traditionally been used only under narrow circumstances, and that their Read More >

Patently BIOtech  |  Leave a comment  |  Email This Post
Tags: , , , , ,

Joint Statement of BIO, AAU, ACE, APLU, AUTM and COGR

Earlier today, the United States Supreme Court issued its opinion in the appeal of Stanford University against Roche Diagnostics. This case is of significant interest to the Biotechnology Industry Organization (BIO), Association of American Universities (AAU), American Council on Education (ACE), Association of Public and Land-grant Universities (APLU), Association of University Technology Managers (AUTM), and Council on Governmental Relations (COGR) because of its potential impact on university technology transfer, on development and commercialization of university-generated Read More >

Patently BIOtech  |  1 Comment  |  Email This Post
Tags: , , , , , , , , , , , , , , , ,