The Inter Partes Review (“IPR”) proceeding, part of the America Invents Act, sets up a streamlined procedure for any party (“petitioner”) to challenge the validity
While non-patent lawyers might wonder why there is such a fuss about the word “around,” the meaning of what appears to be a common term
Plaintiffs in patent cases are entitled to damages stretching back six years from the date of filing the suit for patent infringement under the Patent
The Supreme Court unanimously found that a Minute Maid juice product of The Coca-Cola Company, labeled in large type as “Pomegranate Blueberry,” and depicting a
In a patent suit involving a patent covering an elliptical trainer exercise machine, the US Supreme Court significantly changed a long-established standard for awarding attorney
by Shaukat A. Karjeker
In the race to map the human genome, many of the organizations involved obtained patents on gene sequences that they identified. These patents were granted regardless of whether the applicant had determined any role or function of the sequence. As a consequence, other researchers were effectively “blocked out” of research and development on the patented DNA sequences, unless they were able to negotiate a license.
The unanimous opinion by Hon. J. Clarence Thomas, in Association for Molecular Pathology, et al v. Myriad Genetics, Inc., et al. completely changes the biotech and medical research landscape: DNA is a naturally-occurring composition and therefore not patentable. With a single stroke, the Court has opened the flood gates for the development of customized gene-based medicine. All issued patent claims to DNA sequences are now invalid, the DNA sequences are effectively “in the public domain,” and the sequences may be used in research and development without any need for (costly) licenses.