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IP News Alerts

USPTO Reexamination Trumps Federal Court Opinions of Patent Validity
August 21, 2013 - Hamilton Brook Smith Reynolds Alert
By: David E. Brook
A party accused of infringing a patent can fail to invalidate the patent in the courts but still win based on a decision of invalidity in a reexamination proceeding at the United...
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Supreme Court Rules on Patentability of Genes in Myriad
June 19, 2013 - Hamilton Brook Smith Reynolds Alert
By: N. Scott Pierce
Isolated genes are not eligible for patent protection. cDNA is patent eligible under § 101. Patent eligibility requires an "act of invention." United States Patent...
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Third-Party Clinical Trials Not Considered “Public Use”
June 18, 2013 - Hamilton Brook Smith Reynolds Alert
By: Kristen K. Salvaggio
Public use inquiry is focused on the knowledge obtained by the public during clinical trial of a drug, rather than on the extent of use of the drug. Confidentiality controls implemented...
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Bowman v. Monsanto Co. Raises Concerns for Buyers of Patented Self-Replicating Products
June 13, 2013 - Hamilton Brook Smith Reynolds Alert
Contributing Writer Chace Craig from Hamilton Brook Smith Reynolds The doctrine of patent exhaustion does not protect replication of genetically modified soybean seeds for...
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Isolated Human Genes Are Not Patentable; cDNA Is Patent Eligible Subject Matter
June 13, 2013 - Hamilton Brook Smith Reynolds Alert
The Supreme Court unanimously ruled today in Association for Molecular Pathology v. Myriad Genetics that genes (naturally occurring DNA segments) isolated from the human body are not...
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Federal Circuit Splinters on the Topic of Patent Eligibility Criteria in CLS Bank Int'l v. Alice Corp.
May 21, 2013 - Hamilton Brook Smith Reynolds Alert
By: N. Scott Pierce
All claims held invalid without an opinion by a majority of the court. CLS Bank Int'l v. Alice Corp. is another "opportunity" for the Supreme Court to provide guidance...
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Failure to Challenge Examiner's Characterization Can Bind You to a Limited Claim Scope
May 20, 2013 - Hamilton Brook Smith Reynolds Alert
By: Deirdre E. Sanders and Brian T. Moriarty
A patent claim's scope can be limited where the patent applicant does not explicitly challenge a Patent and Trademark Office characterization. Incorporation by reference of...
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Think You Won? You May Still Need to Appeal.
May 8, 2013 - Hamilton Brook Smith Reynolds Alert
By: Brian T. Moriarty and Christopher K. Albert
Failing to cross-appeal a “not invalid” finding waives the issue on remand. For these litigants, infringement is based on a broad claim construction, while validity...
More »

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USPTO Reexamination Trumps Federal Court Opinions of Patent Validity
August 21, 2013 - Hamilton Brook Smith Reynolds Alert
By: David E. Brook
A party accused of infringing a patent can fail to invalidate the patent in the courts but still win based on a decision of invalidity in a reexamination proceeding at the United...
More »

Supreme Court Rules on Patentability of Genes in Myriad
June 19, 2013 - Hamilton Brook Smith Reynolds Alert
By: N. Scott Pierce
Isolated genes are not eligible for patent protection. cDNA is patent eligible under § 101. Patent eligibility requires an "act of invention." United States Patent...
More »

Third-Party Clinical Trials Not Considered “Public Use”
June 18, 2013 - Hamilton Brook Smith Reynolds Alert
By: Kristen K. Salvaggio
Public use inquiry is focused on the knowledge obtained by the public during clinical trial of a drug, rather than on the extent of use of the drug. Confidentiality controls implemented...
More »

Bowman v. Monsanto Co. Raises Concerns for Buyers of Patented Self-Replicating Products
June 13, 2013 - Hamilton Brook Smith Reynolds Alert
Contributing Writer Chace Craig from Hamilton Brook Smith Reynolds The doctrine of patent exhaustion does not protect replication of genetically modified soybean seeds for...
More »

Isolated Human Genes Are Not Patentable; cDNA Is Patent Eligible Subject Matter
June 13, 2013 - Hamilton Brook Smith Reynolds Alert
The Supreme Court unanimously ruled today in Association for Molecular Pathology v. Myriad Genetics that genes (naturally occurring DNA segments) isolated from the human body are not...
More »

Federal Circuit Splinters on the Topic of Patent Eligibility Criteria in CLS Bank Int'l v. Alice Corp.
May 21, 2013 - Hamilton Brook Smith Reynolds Alert
By: N. Scott Pierce
All claims held invalid without an opinion by a majority of the court. CLS Bank Int'l v. Alice Corp. is another "opportunity" for the Supreme Court to provide guidance...
More »

Failure to Challenge Examiner's Characterization Can Bind You to a Limited Claim Scope
May 20, 2013 - Hamilton Brook Smith Reynolds Alert
By: Deirdre E. Sanders and Brian T. Moriarty
A patent claim's scope can be limited where the patent applicant does not explicitly challenge a Patent and Trademark Office characterization. Incorporation by reference of...
More »

Think You Won? You May Still Need to Appeal.
May 8, 2013 - Hamilton Brook Smith Reynolds Alert
By: Brian T. Moriarty and Christopher K. Albert
Failing to cross-appeal a “not invalid” finding waives the issue on remand. For these litigants, infringement is based on a broad claim construction, while validity...
More »

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