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Latest blogosphere posts tagged “federal circuit”

 

• No Quanta of Solace for Farmer Bowman: Unlicensed Planting of Patented Seed Infringing Use, Not Patent Exhaustion*

  
  — Authority:
  n the case of Bowman v. Monsanto Co., Farmer Bowman may have believed that the “third time” would be “charm.” In two prior cases, Monsanto Co. v. Scruggs[1] and Monsanto Co. v. McFarling,[2] the Federal Circuit had ruled in favor of Monsanto, the owner of the patented Roundup Ready® soybeans, and against ...
  3 days ago

• Digest Comment: Burdens of Discovery for Scientific Working Materials and Deliberative Documents

  
  — Authority:
  By Evelyn Y. Chang Edited by Jessica Vosgerchian In March of 2012, British Petroleum sought court enforcement of a subpoena for “any conversation or discussion” made by researchers from the Woods Hole Oceanographic Institution (“WHOI”) regarding their studies on the Deepwater Horizon oil spill. WHOI and its ...
  4 days ago

• Federal Circuit En Banc on Patentable Subject Matter

  
  — Authority:
  A Federal Circuit panel  had reversed a district court opinion that related to patent eligibility of computer-related claims.  The details of the patent are related in my earlier post, but the salient issue is that the patent included method, system, and computer-readable media claims.  The panel divided over the ...
  1 week ago

• Federal Circuit Nightmare in CLS Bank v. Alice Corp.

  
  — Authority:
  The only thing we know is this — the Federal Circuit issued an extraordinarily brief per curiam decision, which stated: "Upon consideration en banc, a majority of the court affirms the district court’s holding that the asserted method and computer-readable media claims are not directed to eligible subject matter ...
  1 week ago

• ABA Spring Conference: Public Use And Regulatory Takings Updates

  
  inversecondemnation.com — Authority: 135
  We just wrapped up the spring meeting of the ABAs Section of State and Local Government Law in Nashville, which included our presentation of two updates, one on the latest in public use in eminent domain, the other on regulatory takings. Here are the draft papers presented: Recent Developments in Eminent ...
  2 weeks ago

• Rubin v. General Hospital Corp. (Fed. Cir. 2013)

  
  — Authority:
  By Donald Zuhn -- On March 28, the Federal Circuit in Rubin v. General Hospital Corp. affirmed judgment by the District Court for the District of Massachusetts dismissing the suit brought by Drs. Berish Rubin and Sylvia Anderson against The General Hospital Corporation requesting correction of U.S. Patent Nos. ...
  2 weeks ago

• Dawson v. Dawson (Fed. Cir. 2013)

  
  — Authority:
  By Donald Zuhn -- On March 25, the Federal Circuit in Dawson v. Dawson affirmed a determination by the Board of Patent Appeals and Interferences that the University of California, San Francisco (UCSF) failed to establish sole conception by Dr. Chandler Dawson of the claimed inventions in two patents assigned to InSite ...
  2 weeks ago

• Allergan v Sandoz: when obvious is not obvious enough!

  
  — Authority:
  On May 1, the US Court of Appeals for the Federal Circuit issued an interesting, yet controversial, ruling in Allergan Inc. v Sandoz Inc. et Al. , examining obviousness in the context of a combination ophthalmic drug treatment. At issue were four patents (US Patent Nos. 7,642,258 - 7,320,976 - 7,323,463 - ...
  2 weeks ago

• Federal Circuit Summarily Affirms District Court Decision Dismissing False Marking Case

  
  — Authority:
  Public Patent Foundation, Inc. v. McNeil-PPC, Inc. ( Fed. Cir. May 3, 2013 ) (nonprecedential) In this case, the Federal Circuit issued an order summarily affirming a district courts decision dismissing a qui tam false marking case pursuant to the retroactive changes to the false marking provisions enacted by the ...
  2 weeks ago

• Allergan, Inc. v. Sandoz Inc. (Fed. Cir. 2013)

  
  — Authority:
  By Andrew Williams -- Can a method of treatment claim be inherent in the prior art if neither the formulation nor the method of using the formulation twice a day were in the prior art? Earlier today, the Federal Circuit determined in Allergen v. Sandoz that a claimed method for treating glaucoma (which differed from ...
  3 weeks ago

• One More Amicus Brief In Railbanking Case: Growing And Well-Documented Circuit Split

  
  inversecondemnation.com — Authority: 135
  Heres the third and final amicus brief supporting the petitioner in Marvin M. Brandt Revocable Trust v. United States , No. 12-1173 (cert. petition filed Mar. 22, 2013). The Pacific Legal Foundation brief argues: This case raises important questions regarding the common law of property ownership and the ...
  3 weeks ago

• Federal Circuit Finds Bayer’s Yaz Birth Control Patent Invalid for Obviousness

  
  — Authority:
  Bayer Healthcare Pharm., Inc. v. Watson Pharm., Inc. By Erica Larson – Edited by Suzanne Van Arsdale Bayer Healthcare Pharm., Inc. v. Watson Pharm., Inc., No. 12-1397 (Fed. Cir. Apr. 16, 2013) Slip opinion Photo By: Nate Grigg – CC BY 2.0 The Court of Appeals for the Federal Circuit reversed the ...
  3 weeks ago

• Amicus Brief In Railbanking Case: Circuit Split May Upset Title To Millions Of Acres

  
  inversecondemnation.com — Authority: 135
  Heres the  amici brief of the Cato Institute and the National Association of Reversionary Property Owners supporting the petitioners in Marvin M. Brandt Revocable Trust v. United States , No. 12-1173 (cert. petition filed Mar. 22, 2013). In that case, the Tenth Circuits opinion held that the term railroad ...
  3 weeks ago

• Claim Construction: A Game of Chance at the Federal Circuit

  
  — Authority:
  Where the Federal Circuit is reviewing a validity decision from the district courts, the Federal Circuit reviews the claim construction de novo. The Federal Circuit also chooses not the most likely meaning, but the broadest reasonable meaning for disputed claim language. That is, the claim construction most likely to ...
  3 weeks ago

• Amicus Brief In Rails-to-Trails Case: Switching Tracks To Undermine Takings Claims

  
  inversecondemnation.com — Authority: 135
  Heres the amicus brief we filed today on behalf of our colleagues at Owners Counsel of America , urging the U.S. Supreme Court to grant cert in Marvin M. Brandt Revocable Trust v. United States , No. 12-1173 ( cert. petition filed Mar. 22, 2013). That petition asks the Court to review a Tenth Circuit ...
  4 weeks ago

• Bayer Healthcare Pharmaceuticals, Inc. v. Watson Pharmaceuticals, Inc. (Fed. Cir. 2013)

  
  — Authority:
  By Michael Greenfield -- Contraceptives were the subject of the Federal Circuits recent decision in Bayer Healthcare Pharmaceuticals, Inc. v. Watson Pharmaceuticals, Inc. But, unfortunately, its a rather fact-specific case with nothing of prurient or even much general legal interest to spice up the lonely patent ...
  4 weeks ago

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