Issue Archives

Comments Ariad Pharmaceuticals, Inc. v. Eli Lilly and Co. 560 F.3d 1366 (Fed. Cir. 2009) and Wyeth v. Diana Levine 129 S.Ct 1187 (2009)

Comments Ariad Pharmaceuticals, Inc. v. Eli Lilly and Co. 560 F.3d 1366 (Fed. Cir. 2009) and Wyeth v. Diana Levine 129 S.Ct 1187 (2009)

Case notes concerning Ariad Pharmaceuticals, Inc. v. Eli Lilly and Co. 560 F.3d 1366 (Fed. Cir. 2009) and Wyeth v. Diana Levine 129 S.Ct 1187 (2009)Read More

Case notes concerning Ariad Pharmaceuticals, Inc. v. Eli Lilly and Co. 560 F.3d 1366 (Fed. Cir. 2009) and Wyeth v. Diana Levine 129 S.Ct 1187 (2009)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

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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

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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

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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

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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

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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

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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

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PROMETHEUS LABORATORIES V. MAYO COLLABORATIVE SERVICES

PROMETHEUS LABORATORIES V. MAYO COLLABORATIVE SERVICES

Case note concerning PROMETHEUS LABORATORIES V. MAYO COLLABORATIVE SERVICES Update Sept. 4, 2011:  The Supreme Court has granted cert to the appeal of this decison (for a second time) and thus this comment may not accurately reflect the state of the law.Read More

Case note concerning PROMETHEUS LABORATORIES V. MAYO COLLABORATIVE SERVICES Update Sept. 4, 2011:  The Supreme Court has granted cert to the appeal of this decison (for a second time) and thus this comment may not accurately reflect the state of the law.Read more