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Patents at the Supreme Court: Update and Fallout 26 Aug 2013 | 06:25 pm
Warren Woessner and Charles R. Macedo will speak on patentable subject matter post-Myriad, Prometheus and CLS in the upcoming AUTM Webinar on September 12. Warren (Schwegman Lundberg) will present on...
Review of Indian Working Requirements 21 Aug 2013 | 07:23 pm
This newsletter (attached below) from a leading Indian firm, contains a good review of the perils of the working requirement in India. It also provides a good summary of three recent decisions holding...
Hamilton Beach v. Sunbeam Products – “On Sale” Bar Clarified 15 Aug 2013 | 10:57 pm
On Wednesday August 14th, a divided Fed. Cir. panel affirmed the invalidation of Hamilton Beach’s portable slow cooker under the “on-sale” or “in public use” bars of s. 102(b). Hamilton Beach Brands ...
Submission of Copyrighted Articles to the PTO “Fair Use”, D. Minn. Magistrate Rules 2 Aug 2013 | 01:59 am
Federal Magistrate Jeffrey Keyes ruled that it is fair use for law firms to use copyrighted journal articles when preparing patent applications, and recommended that an infringement suit against Schwe...
Evidentiary, My Dear Watson; Biosig, Instruments v. Nautilus, Inc. 2 Aug 2013 | 12:56 am
This is a guest post from Ronald Schutz of Robins, Kaplan, Miller & Ciresi. In Biosig, Instruments v. Nautilus, Inc., a unanimous panel of the Federal Circuit had little trouble deducing the definiten...
Complimentary Webinar: Patenting DNA 25 Jul 2013 | 07:53 pm
Join Robin Chadwick and me as we untangle the web of rulings in the upcoming webinar “Patenting DNA: Why DNA is Different and What to Do About It.” The live CLE webinar will be presented on Wednesday...
Bosch, Ultramercial, Commil, Fresenius: All-Star Break 23 Jul 2013 | 08:52 pm
A guest post from Ron Schutz of Robins, Kaplan, Miller & Ciresi The Federal Circuit goes into the symbolic half-way point of summer leading the league with a series of homerun opinions. To keep the ga...
Senator Leahy Urges NIH to Exercise “March-in” Rights on Myriad’s Tests 17 Jul 2013 | 10:28 pm
The Bayh-Dole Act of 1980 grants universities the right to elect to take title in any patent application and patent that was made by their researchers with the support of the Government, e.g., NIH. 35...
Patentability Issues for Plants in the EPO 15 Jul 2013 | 10:29 pm
While this decision from the EPO Technical Board of Appeal raises more questions than it answers, it does a very good job of framing the issues and uncertainty regarding the patentability of plants in...
Myriad Brings Out Its “Reserve Claims” To Challenge Ambry 10 Jul 2013 | 08:36 pm
In my post on this blog of June 17th, I speculated that the positive comments by the Supreme Court in the Myriad decision about the patent-eligibility of claims directed to new applications of natural...