Recent Articles

State and Local Policy as a Tool to Complement and Supplement the FDA Law

State and Local Policy as a Tool to Complement and Supplement the FDA Law

With the recent passage of the Family Smoking Prevention and Tobacco Control Act of 2009, the U.S. Food and Drug Administration now has the authority to regulate tobacco sales, marketing, and use. Though this law is a beneficial step, some gaps remain. There are significant merits to state and local … Read More

With the recent passage of the Family Smoking Prevention and Tobacco Control Act of 2009, the U.S. Food and Drug Administration now has the authority to regulate tobacco sales, marketing, and use. Though this law is a beneficial step, some gaps remain. There are significant merits to state and local … Read more

IN RE BERNARD L. BILSKI AND RAND A. WARSAW

IN RE BERNARD L. BILSKI AND RAND A. WARSAW

At first glance, the Federal Circuit’s categorical rejection of the “useful, concrete, and tangible result” test announced in State Street in favor of the machine-or-transformation test for patent-eligible subject matter could be seen as the death knell for business method and software … Read More

At first glance, the Federal Circuit’s categorical rejection of the “useful, concrete, and tangible result” test announced in State Street in favor of the machine-or-transformation test for patent-eligible subject matter could be seen as the death knell for business method and software … Read more

PRINCO CORPORATION AND PRINCO AMERICA CORPORATION V. INTERNATIONAL TRADE COMMISSION

PRINCO CORPORATION AND PRINCO AMERICA CORPORATION V. INTERNATIONAL TRADE COMMISSION

In affirming the ITC’s holding as to Princo’s first tying claim, the court found that a reasonably broad reading of the Lagadec patent (Sony’s digital method) would support a finding of infringement where anyone practiced the Phillips analog method, currently used as the industry standard.  … Read More

In affirming the ITC’s holding as to Princo’s first tying claim, the court found that a reasonably broad reading of the Lagadec patent (Sony’s digital method) would support a finding of infringement where anyone practiced the Phillips analog method, currently used as the industry standard.  … Read more

The Patent Prosecution Highway: Is Life in the ‘Fast Lane’ Worth the Cost?

The Patent Prosecution Highway: Is Life in the ‘Fast Lane’ Worth the Cost?

Search queries may reveal quite sensitive information about the querier. Even though many queries are not directly associated with a particular person, it has been argued that the IP addresses and cookies of the users can often be sufficient to figure out who the querier is, especially if tied to … Read More

Search queries may reveal quite sensitive information about the querier. Even though many queries are not directly associated with a particular person, it has been argued that the IP addresses and cookies of the users can often be sufficient to figure out who the querier is, especially if tied to … Read more

Authors:

Of Babies and Bathwater – The Impact of In Re Bilski on Life Science Patents

Of Babies and Bathwater – The Impact of In Re Bilski on Life Science Patents

Tension between the broad language of 35 U.S.C. § 101 and limitations of its scope is an emerging issue in recent court decisions attempting to resolve the issue of whether patent claims preempt a natural phenomenon. These decisions significantly impact the patentability of personalized medicine … Read More

Tension between the broad language of 35 U.S.C. § 101 and limitations of its scope is an emerging issue in recent court decisions attempting to resolve the issue of whether patent claims preempt a natural phenomenon. These decisions significantly impact the patentability of personalized medicine … Read more

Authors:

A Better Carrot Incentivizing Patent Reexamination

A Better Carrot Incentivizing Patent Reexamination

Patent reexamination provides a potentially powerful alternative to full invalidity litigation, but it has been underutilized because of deficiencies in the patent reexamination system. The system’s appeal as an alternative to invalidity litigation is greatly diminished by constraints on forms of … Read More

Patent reexamination provides a potentially powerful alternative to full invalidity litigation, but it has been underutilized because of deficiencies in the patent reexamination system. The system’s appeal as an alternative to invalidity litigation is greatly diminished by constraints on forms of … Read more

Authors:

Exceeding the Scope of the Patent: Solving the Reverse Payment Settlement Problem Through Antitrust Enforcement and Regulatory Reform

Exceeding the Scope of the Patent: Solving the Reverse Payment Settlement Problem Through Antitrust Enforcement and Regulatory Reform

Reverse payment settlements in pharmaceutical patent litigation, also known as “pay for delay” settlements, are almost universally anticompetitive. Nonetheless, because of the current regulatory framework and a failure of courts to address the definition of patent scope, many of these … Read More

Reverse payment settlements in pharmaceutical patent litigation, also known as “pay for delay” settlements, are almost universally anticompetitive. Nonetheless, because of the current regulatory framework and a failure of courts to address the definition of patent scope, many of these … Read more

Authors:

KSR Fallout: Questions of Law Based on Findings of Fact and the Continuing Problem of Hindsight Bias

KSR Fallout: Questions of Law Based on Findings of Fact and the Continuing Problem of Hindsight Bias

KSR v. Teleflex marked the Supreme Court’s first significant return to the question of patent “obviousness”—which is used to ensure patents are not improvidently granted to inevitable inventions—in over four decades.  If a jury finds an invention would have been obvious to one of ordinary … Read More

KSR v. Teleflex marked the Supreme Court’s first significant return to the question of patent “obviousness”—which is used to ensure patents are not improvidently granted to inevitable inventions—in over four decades.  If a jury finds an invention would have been obvious to one of ordinary … Read more

Authors:

Is Intellectual Property a Hurdle for Transferring Technology to Developing Countries? If so, How High of a Hurdle?

Is Intellectual Property a Hurdle for Transferring Technology to Developing Countries? If so, How High of a Hurdle?

It might appear that intellectual property protection has a positive impact on a country’s economic development. According to Professor François Dessemontet, “there is a strong correlation between the rate of patents sought by enterprise and the general level of economic developments.” … Read More

It might appear that intellectual property protection has a positive impact on a country’s economic development. According to Professor François Dessemontet, “there is a strong correlation between the rate of patents sought by enterprise and the general level of economic developments.” … Read more

Authors:

Reach-Through Rights and the Patentability, Enforcement, and Licensing of Patents on Drug Discovery Tools

Reach-Through Rights and the Patentability, Enforcement, and Licensing of Patents on Drug Discovery Tools

A novel, nonobvious Discovery Tool and its use can be the subject of valid patent claims, but patent claims that reach through to cover as-of-yet-undiscovered drug products generally fail to meet the written description and enablement requirements of 35 U.S.C. § 112. Notwithstanding the Supreme … Read More

A novel, nonobvious Discovery Tool and its use can be the subject of valid patent claims, but patent claims that reach through to cover as-of-yet-undiscovered drug products generally fail to meet the written description and enablement requirements of 35 U.S.C. § 112. Notwithstanding the Supreme … Read more

Authors: , ,