The Supreme Court recently handed down its unanimous decision in Mayo Collaborative Services v. Prometheus Laboratories, Inc., No. 10-1150, slip op. (March 20, 2012). The Court specifically considered the patentability of a method for determining the effective levels of a drug to be administered to a patient, and found the claims in question to be […]
Continue Reading →The United States Court of Appeals for the Federal Circuit recently addressed the issue of whether a method of using advertising as a form of currency, to distribute copyrighted products over the internet, constituted patent-eligible subject matter. The court reversed the district court’s dismissal for lack of subject matter eligibility and found the claimed invention […]
Continue Reading →The Leahy-Smith America Invents Act goes into effect beginning September 16, 2011. This Act represents the most comprehensive legislative change to patent law since the 1950s. Most significantly, it changes how priority is determined for an invention and expands and revises procedures for administratively challenging patents through the Patent Office instead of the court system. […]
Continue Reading →In a recent decision, authored by Justice Alito and joined by all the other Justices but Justice Kennedy, the Supreme Court redefined the knowledge requirement for finding induced infringement under 35 U.S.C. § 271(b). The case—which centered on a patent for an innovative fryer—provided an opportunity for the Court to elucidate what is required for […]
Continue Reading →On May 25, 2011 the Federal Circuit released its en banc decision in Theresense, Inc. v. Becton, Dickinson & Co. , in which the Court articulated the appropriate standard for inequitable conduct before the PTO. The majority wrote, “[t]his court now tightens the standards for finding both intent and materiality in order to redirect a […]
Continue Reading →In a 7-2 decision released yesterday, the Supreme Court ruled the University and Small Business Patent Procedures Act of 1980 (“the Bayh-Dole Act”) does not displace the general rule that rights in an invention belong to the inventor, and does not automatically vest title to federally funded inventions in the contractors receiving the federal funds. […]
Continue Reading →In a press release, the USPTO stated it has sufficient available funds not tied to the current fiscal year that it will be able to remain open for six days following any shutdown of government functions. Based on the current appropriations, that would put the USPTO open until April 18, assuming a shutdown begins April […]
Continue Reading →To establish infringement of a method claim, a patent holder must show that all of the recited steps in the claim are performed by a defendant. If the recited steps are not performed by a single entity, but by the defendant acting in concert with another party, the patent holder may still show “joint infringement” […]
Continue Reading →The Federal Circuit recently revisited the issue of patentable subject matter under § 101 of the Patent Act in light of the Supreme Court’s Bilski decision. In Research Corporation Technologies, Inc. v. Microsoft Corporation, the Federal Circuit determined that the claimed methods relating to half-toning digital images were not abstract and satisfied the requirements of […]
Continue Reading →The Federal Circuit on Friday looked at the issue of what constitutes an attempt to patent a natural phenomenon. In Prometheus Laboratories, Inc. v. Mayo Collaborative Services, the Federal Circuit determined that a method for optimizing the dosage of a medication was not directed to a natural phenomenon and therefore was patent-eligible subject matter within […]
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