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IP News Alerts

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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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...
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Patent Marking is not Conclusive Proof of Patent Infringement
April 11, 2013 - Hamilton Brook Smith Reynolds Alert
By: Brian T. Moriarty
Marking a product with a patent number and paying royalties are merely rebuttable evidence that a product may be covered by a patent. A licensee's marking of a product with...
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Federal Circuit to Reconsider 15-Year Claim Construction Position: Patent Holders and Their Counsel on Watch
April 8, 2013 - Hamilton Brook Smith Reynolds Alert
By: Deirdre E. Sanders
Claim construction (i.e., the determination of the meaning and scope of claims) is a major part of patent infringement litigation proceedings and can make or break a party’...
More »

U.S. Supreme Court Copyright Non-Infringement Ruling Results in Global Expansion of the First-Sale Defense
April 3, 2013 - Hamilton Brook Smith Reynolds Alert
By: Mary Lou Wakimura
The first-sale doctrine has no geographical boundaries and is a defense to copyright infringement when copyrighted goods lawfully made abroad are imported into the U.S. and re-sold...
More »

Interactions with Your Customer Can Be the Basis for Liability for Patent Infringement
March 21, 2013 - Hamilton Brook Smith Reynolds Alert
By: Brian T. Moriarty
The relationship between a company and its customer is usually not enough to establish liability for direct patent infringement, but it can create liability for induced patent infringement...
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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...
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 »

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 »

Patent Marking is not Conclusive Proof of Patent Infringement
April 11, 2013 - Hamilton Brook Smith Reynolds Alert
By: Brian T. Moriarty
Marking a product with a patent number and paying royalties are merely rebuttable evidence that a product may be covered by a patent. A licensee's marking of a product with...
More »

Federal Circuit to Reconsider 15-Year Claim Construction Position: Patent Holders and Their Counsel on Watch
April 8, 2013 - Hamilton Brook Smith Reynolds Alert
By: Deirdre E. Sanders
Claim construction (i.e., the determination of the meaning and scope of claims) is a major part of patent infringement litigation proceedings and can make or break a party’...
More »

U.S. Supreme Court Copyright Non-Infringement Ruling Results in Global Expansion of the First-Sale Defense
April 3, 2013 - Hamilton Brook Smith Reynolds Alert
By: Mary Lou Wakimura
The first-sale doctrine has no geographical boundaries and is a defense to copyright infringement when copyrighted goods lawfully made abroad are imported into the U.S. and re-sold...
More »

Interactions with Your Customer Can Be the Basis for Liability for Patent Infringement
March 21, 2013 - Hamilton Brook Smith Reynolds Alert
By: Brian T. Moriarty
The relationship between a company and its customer is usually not enough to establish liability for direct patent infringement, but it can create liability for induced patent infringement...
More »

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