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  • Article

    Supreme Court To Weigh In On Gene Patents

    The U.S. Supreme Court has recently heard arguments in Association for Molecular Pathology v. Myriad Genetics, Inc, the issue being the eligibility of Myriad's patent claims to isolated DNA encoding BRCA1 polypeptides.
    United StatesIntellectual Property
    Banner & Witcoff
    Banner & Witcoff
  • Article

    The Future Of Multi-Defendant Patent Cases

    On September 16, 2011, President Obama signed into law the America Invents Act (AIA), which effectuated some of the most sweeping changes in the patent laws since the Patent Act of 1952.
    United StatesIntellectual Property
    Banner & Witcoff
    Banner & Witcoff
  • Article

    Medtronic v. MFV — Supreme Court Unanimously Reverses Federal Circuit: Holding Patentees Always Bear The Burden Of Proving Infringement

    On Wednesday, the Supreme Court unanimously reversed the Federal Circuit in Medtronic v. Mirowski Family Ventures (previously listed as Medtronic v. Boston Scientific), holding that the burden of proving infringement remains on the patent owner, even when a licensee seeks a declaratory judgment of noninfringement.
    United StatesIntellectual Property
    Banner & Witcoff
    Banner & Witcoff
  • Article

    U.S. Supreme Court Clarifies Definiteness Standard

    Yesterday, the U.S. Supreme Court issued its ruling in Nautilus, Inc. v. Biosig Instruments, Inc. involving the definiteness requirement of 35 U.S.C. § 112 (b).
    United StatesIntellectual Property
    Banner & Witcoff
    Banner & Witcoff
  • Article

    USPTO Prioritized (Track I) Examination Under The America Invents Act

    Effective as of Sept. 26, 2011, the USPTO is accepting requests for prioritized examination that accompany any original utility or plant application filing.
    United StatesIntellectual Property
    Banner & Witcoff
    Banner & Witcoff
  • Article

    Supreme Court Allows Copyright Action, Holds No Laches Defense

    Yesterday, in Petrella v. Metro-Goldwyn-Mayer, Inc. (No. 12-1315), the Supreme Court ruled that the doctrine of laches could not be invoked to bar a copyright claim...
    United StatesIntellectual Property
    Banner & Witcoff
    Banner & Witcoff
  • Article

    Computer-Implemented Inventions: Ideas That Are Fundamental Truths And Generically Implemented Are Not Patent Eligible

    The Court held in Alice Corp. v. CLS Bank Int’l that all the patent claims in the case were not patent eligible.
    United StatesIntellectual Property
    Banner & Witcoff
    Banner & Witcoff
  • Article

    Federal Circuit Hears Arguments In Pair Of "Combined Infringement" Cases

    On November 18, 2011, the Court of Appeals for the Federal Circuit heard oral arguments in the en banc rehearings of the Akamai and McKesson cases.
    United StatesIntellectual Property
    Banner & Witcoff
    Banner & Witcoff
  • Article

    Federal Circuit Appears Split On Patentability Of Computer-Implemented Business Methods

    The U.S. Court of Appeals for the Federal Circuit has recently reheard "en banc" the question whether computer-implemented business methods are eligible for a U.S. patent.
    United StatesIntellectual Property
    Banner & Witcoff
    Banner & Witcoff
  • Article

    Federal Circuit Holds Claims To Isolated DNA And To Methods Of Using Isolated DNA To Screen For Cancer Patent-Eligible

    On July 29, 2011, the Federal Circuit handed down the hotly-anticipated decision in Association for Molecular Pathology v. USPTO, Fed. Cir., No. 2010-1406, 7/29/2011. In a 2-1 decision, the Panel held that isolated DNA molecules are eligible for patent protection under 35 U.S.C. § 101.
    United StatesIntellectual Property
    Banner & Witcoff
    Banner & Witcoff
  • Article

    Justices Set To Rule On Patent Venue

    Kraft filed suit against Heartland in the U.S. District Court for the District of Delaware, alleging that Heartland's liquid water enhancer products infringe three of Kraft's patents.
    United StatesIntellectual Property
    Banner & Witcoff
    Banner & Witcoff
  • Article

    En Banc Federal Circuit To Revisit Cybor No-Deference Rule

    The Federal Circuit heard arguments on Friday in Lighting Ballast Control LLC v. Philips Electronics North America.
    United StatesIntellectual Property
    Banner & Witcoff
    Banner & Witcoff
  • Article

    The US PTO Proposes To Adopt Therasense Materiality Standard For Practice In The US PTO

    The US PTO has acquiesced to the recent decision of the Federal Circuit Court of Appeals in Therasense v. Becton-Dickinson, proposing that it will adopt the Therasense standard of materiality for disclosure of information by applicants in US patent prosecution.
    United StatesIntellectual Property
    Banner & Witcoff
    Banner & Witcoff
  • Article

    Supreme Court Decides "Kirtsaeng v. John Wiley & Sons, Inc."

    The U.S. Supreme Court has just issued its decision in "Kirtsaeng v. John Wiley & Sons, Inc.", and its holding could have consequences on international sales and trafficking of copyrighted goods.
    United StatesIntellectual Property
    Banner & Witcoff
    Banner & Witcoff
  • Article

    You Must Start Your Campaign To Complain About A Generic Top Level Domain By March 13

    The window for objecting to the approximately 1,900 new Generic Top Level Domain applications that are being considered for introduction to the Internet domain name system closes on March 13, 2013.
    United StatesIntellectual Property
    Banner & Witcoff
    Banner & Witcoff
  • Article

    Hyatt v. Kappos: Patent Applicant Rights Preserved

    On April 18, 2012, the Supreme Court upheld the right of patent applicants to seek full district court review of Patent Office rejections pursuant to 35 U.S.C. § 145, before taking an appeal to the Federal Circuit.
    United StatesIntellectual Property
    Banner & Witcoff
    Banner & Witcoff
  • Article

    U.S. Supreme Court Hears Oral Arguments In "ABC v. Aereo"

    April 23, 2014 – Yesterday, the U.S. Supreme Court heard oral arguments in "American Broadcasting Companies, et al. v. Aereo".
    United StatesIntellectual Property
    Banner & Witcoff
    Banner & Witcoff
  • Article

    Supreme Court Hears Arguments In "FTC v. Actavis"

    On March 25, 2013, the Supreme Court heard oral arguments in "Federal Trade Commission v. Actavis", which involves a circuit split regarding "pay for delay" settlements within the pharmaceutical industry.
    United StatesIntellectual Property
    Banner & Witcoff
    Banner & Witcoff
  • Article

    Rules For America Invents Act Provisions

    An overview of several important provisions of the America Invents Act, which went into effect on September 16, 2012.
    United StatesIntellectual Property
    Banner & Witcoff
    Banner & Witcoff
  • Article

    Promoting Your Game With A Game: Legal Trouble Spots To Watch Out For With Sweepstakes And Contests

    In the drive to reduce costs and overhead, intellectual property attorneys, and in-house counsel in particular, are increasingly asked to take on tangential areas of work.
    United StatesIntellectual Property
    Banner & Witcoff
    Banner & Witcoff

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