Patent Law Updates

Featured Expert Legal Commentary

MDS (Canada) Inc. v. RAD Source Technologies: 11th Circuit Finds Federal Circuit Does Not Have Exclusive Jurisdiction When Patents at Issue in Breach of Contract Claim

By Tom Zuber and Jeff Zuber of Zuber Lawler & Del Duca

In a case of first impression, the 11th Circuit recently held that a state law claim with an underlying patent issue did not create patent jurisdiction, and thus the Federal Circuit did not have exclusive appellate jurisdiction. In MDS (Canada) Inc. v. RAD Source Technologies, Inc., No. 11-15145 (11th Cir.… More...

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AMP v. Myriad Genetics, Inc.: Unanimous Supreme Court Limits Patentability of Human Genes

Assn. for Molecular Pathology v. Myriad Genetics, Inc.,  |  June 27, 2013

In a landmark decision involving genetic testing, the Supreme Court held that simply isolating a naturally-occurring gene is not patent-eligible. In Assn. for Molecular Pathology v. Myriad Genetics, Inc., No. 12-398 (U.S. June 13, 2013), a unanimous Supreme Court held that Myriad’s patents on More...

CLS Bank Intl. v. Alice Corp. Pty. Ltd.: En Banc Federal Circuit Cements Confusion Over Patent-Eligibility for Software

CLS Bank Intl. v. Alice Corp. Pty. Ltd.  |  June 23, 2013

The Federal Circuit recently released a highly divided opinion regarding the patentability of software. In CLS Bank Intl. v. Alice Corp. Pty. Ltd., 2011-1301 (Fed. Cir. May 10, 2013), the Court, sitting en banc, could not agree on how to test whether a software patent claim is too abstract to be More...

Bowman v. Monsanto Co.: Growing Patented Soybeans for Replanting is Infringement

Bowman v. Monsanto Co.  |  May 31, 2013

The Supreme Court recently held that a farmer could not make copies of a patented soybean by purchasing harvested beans and planting them. In Bowman v. Monsanto Co., No. 11-796 (U.S. Feb. 19, 2013), a unanimous Supreme Court held that such activity fell outside the doctrine of patent exhaustion, More...

Gunn, et al., v. Minton: Supreme Court Denies Federal Jurisdiction for Patent-Related Malpractice Suit

Gunn, et al., v. Minton  |  May 13, 2013

A unanimous Supreme Court held that a state legal malpractice claim involving a patent issue did not “arise under” federal patent law, and thus did not belong in federal court. In Gunn, et al., v. Minton, No. 11-1118 (U.S. Feb. 20, 2013), the Court found that while resolution of a patent issue More...

Hall v. Bed Bath & Beyond: Federal Circuit Rejects District Court’s Pleading Standards for Design Patent Infringement

Hall v. Bed Bath & Beyond Procurement Co. Inc.  |  May 8, 2013

The Federal Circuit recently allowed several design patent infringement-related claims to go forward after reversing a district court’s complete dismissal. In Hall v. Bed Bath & Beyond Procurement Co. Inc., 2011-1165, 2011-1235 (Fed. Cir. Jan. 25, 2013), the Court sided mostly with More...

Arkema v. Honeywell Intl.: Federal Circuit Explains MedImmune Standard for Declaratory Judgment Jurisdiction Involving Indirect Patent Infringement

Arkema, Inc. v. Honeywell Intl., Inc.  |  May 1, 2013

The Federal Circuit recently interpreted the Supreme Court’s MedImmune standard for declaratory judgment jurisdiction involving alleged indirect patent infringement. In Arkema, Inc. v. Honeywell Intl., Inc., 2012-1308 (Fed. Cir. Feb. 5, 2013), the Federal Circuit found that several elements More...

America Invents Act: First-to-File Priority for Patent Applications Begins March 16

Leahy-Smith America Invents Act of 2012  |  February 25, 2013

The Leahy-Smith America Invents Act (“AIA”) will be fully implemented on March 16, 2013. Since its passage, the provisions of the AIA have come into effect in stages. The important first-to-file change takes effect on patent applications filed after March 16. As first-to-file replaces the More...

Edwards Lifesciences v. Corevalve: Federal Circuit Sides Strongly with Prevailing Plaintiffs Seeking Injunctions

Edwards Lifesciences AG v. Corevalve, Inc.  |  February 5, 2013

The Federal Circuit has created some ambiguity regarding its propensity to issue permanent injunctions to prevailing plaintiffs. In Edwards Lifesciences AG v. Corevalve, Inc., 2011-1215 and 2011-1257, (Fed. Cir. Nov. 13, 2012), the Court stated that such plaintiffs may “normally expect” the More...

Fox Group, Inc. v. CREE, Inc.: Federal Circuit Allows Prior Inventor to Invalidate Patent with Single Iteration of Practice and Minimal Disclosure

Fox Group, Inc. v. CREE, Inc.  |  January 18, 2013

The Federal Circuit has made it easier for prior inventors to invalidate an existing patent. In Fox Group, Inc. v. CREE, Inc., 2011-1576, (Fed. Cir. Nov. 28, 2012), the Court invalidated two major claims in an existing product patent as a prior inventor was able to prove reduction to practice More...

Revision Military v. Balboa Manufacturing: Patent Infringement Preliminary Injunctions Must Use Federal Circuit Law

Revision Military, Inc. v. Balboa Manufacturing Co.  |  January 14, 2013

The Federal Circuit recently clarified that district courts should not employ their own circuit’s standard for a preliminary injunction when dealing with patent infringement cases. In Revision Military, Inc. v. Balboa Manufacturing Co., 2011-1628 (Fed. Cir. Nov. 27, 2012), the Court held that a More...

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Companies Mentioned

Patent Law

The following companies are mentioned in Patent Law Updates:

Prometheus Laboratories, Inc.

Mayo Collaborative Services d.b.a. Mayo Medical Laboratories

Association for Molecular Pathology

Daiwa Products, Inc.

Revision Military, Inc.

Sears Holding Corp.

Softtech, LLC

S.A.A.T. Systems Application of Advanced Technology, Ltd.

Balboa Manufacturing Co.

Motherswear International, Redcats USA, L.P. d.b.a. Lane Bryant Catalog

Princo Corp.

Medtronic CoreValve, LLC

Leading Lady, Macy’s Department, Inc.

Princo America Corp.

Edwards Lifesciences LLC

Kohl’s Department Stores, Inc.

International Trade Commission

McKesson Information Solutions, Inc.

Mayo Clinic Rochester

Edwards Lifesciences AG

K-Mart Corp.

TiVo Inc.

Bridge Medical, Inc.

Shanghai Honest Tool Co., Inc.

CoreValve, Inc.

J.C. Penney Company, Inc.

EchoStar Corp.

Zoltek Corp.

Forest Group, Inc.

Honeywell International, Inc.

Glamourmom LLC

EchoStar DBS Corp.

Lockheed Martin Corp.

Cibon Industrial

Arkema Inc.

Federated Department Stores

EchoStar Technologies Corp.

Baxter International Inc.

Bon Tool Company

Bed Bath & Beyond, Inc.

Elizabeth Lange LLC d.b.a. Liz Lange Maternity

EchoSphere LLLC

United States Patent and Trademark Office

Walgreens Corp.

West Point Home, Inc.

U.S. Patent and Trademark Office


Smithkline Beecham Corp. (d.b.a. GlaxoSmithKline, plc.)

Touchsport Footwear USA, Inc.

Bed Bath & Beyond Procurement Co., Inc.

Additional Resources

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