Patent Law Updates

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Mayo v. Prometheus: The Supreme Court Reverses the Federal Circuit, Finding Prometheus' Patents Cover Laws of Nature and Therefore Ineligible Subject Matter

By Jeffrey J. Zuber and Sarah S. Brooks of Zuber & Taillieu

A unanimous Supreme Court recently reversed the Federal Circuit in Mayo Collaborative Services v. Prometheus Labs Inc., (U.S. S Ct. decided March 20, 2012) holding that the two Prometheus patents do not cover patent eligible subject matter. The Federal Circuit reaffirmed its prior decision holding that Prometheus’ patents covered eligible… More...

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Page 19 of 19 of Patent Law Summaries » New Judicial Opinions
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PODS, Inc. v. Porta Stor, Inc.

2006-1504, 2007 WL 1226740  |  Fed.Cir.(Fla.)  |  4/27/2007

Holding: In reversing in part and remanding in part the judgment of the district court finding that there was patent infringement, the U.S. Court of Appeals held that: (1) defendant’s product, which consisted of a u-shaped or open-ended frame, did not infringe the method claim in a storage container patent, which… More...

Bass Pro Trademarks, LLC. v. Cabela’s, Inc.

2006-1276, 2007 WL 1238710  |  C.A.Fed. (Mo.)  |  4/6/2007

Holding: In an appeal of a contempt order issued by the district court based on an alleged violation of a permanent injunction issued against a competitor, the U.S. Court of Appeals reversed the lower court’s order on the ground that the defendant’s product consisting of a folding seat held by back-type… More...

Advanced Cardiovascular Systems, Inc. v. Medtronic Vascular, Inc.

98-80-SLR, 98-314-SLR, 98-316-SLR, 2007 WL 1200104  |  D.Del.  |  4/23/2007

Holding: In a patent infringement suit filed by plaintiff in connection with endovascular devices, or stents, used in the treatment of cardiovascular diseases, it was found that defendant was guilty of infringement, and that the latter’s counterclaim of inequitable conduct allegedly committed by the former (plaintiff) should be denied. More...

Static Control Components, Inc. v. Lexmark Intern, Inc.

5:02-571, 5:04-84, 2007 WL 1224026  |  E.D.Ky.  |  4/24/2007

Holding: The district court ruled that the design patents were invalid, and that the unrestricted and original sale by manufacturer (defendant) of its single-use toner deprived it (defendant manufacturer) of its right to restrict the further use of these cartridges when it sought to enforce its patents as labeled on the… More...

The Board of Trustees of Leland Stanford Junior University v. Roche Molecular Systems, Inc.

C 05-04158 MHP, 2007 WL 1119281  |  N.D.Cal.  |  4/16/2007

Holding: In an action instituted against a competitor over an alleged infringement of patents, the district court in resolving a motion for summary judgment, ruled that: (1) California’s statute of limitations can be used against claims that were initiated on the basis of contracts made under California law; (2) the usual… More...

Merck & Co., Inc. v. Hi-Tech Pharmacal Co., Inc.

2006-1401, 2007 WL 926284  |  Fed. Cir.  |  3/29/2007

Holding: Patent term under Hatch-Waxman Act can be applied to patent subject to terminal disclaimer filed to overcome obviousness-type double-patenting rejection. More...

Teva Pharm. USA, Inc. v. Novartis Pharm Corp.

06-1181, 2007 WL 942201  |  Fed. Cir.  |  3/30/2007

Holding: Justiciable controversy for purposes of declaratory judgment action exists for remaining four patents where patent holder has sued competitor for infringement on only one of five patents included in abbreviated new drug application. More...

KSR Int’l Co. v. Teleflex Inc.

04-1350, 2007 WL 1237837  |  U.S.  |  4/30/2007

Holding: The Federal Circuit applied its "teaching, suggestion, motivation" ("TSM") test for obviousness too rigidly, resulting in erroneously reversing the District Court's finding of obviousness and granting summary judgment. The patent is invalid for obviousness. More...

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Companies Mentioned

Patent Law

The following companies are mentioned in Patent Law Updates:

Boston Scientific Corp.

Microsoft Corp.

U.S. Patent and Trademark Office

Stryker Corp.

Samsung Electronics America, Inc.

Cordis Corp.

Boston Scientific Scimed, Inc.

Target Corp.

Sears Holding Corp.

Prometheus Laboratories, Inc.

Kohl’s Department Stores, Inc.

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

K-Mart Corp.

J.C. Penney Company, Inc.

Glamourmom LLC

Audiovox Communications Corp.

Federated Department Stores

McKesson Information Solutions, Inc.

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

Bridge Medical, Inc.

United States Patent and Trademark Office

SmithKline Beecham PLC

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

SmithKline Beecham Corp. d.b.a GlaxoSmithKline

Scimed Life Systems Inc.

HT Window Fashion Corp.

Glaxo Group Limited d.b.a. GlaxoSmithKline

Ortho-McNeil Pharmaceutical, Inc.

Ranbaxy, Inc.

Mylan Pharmaceutical, Inc.

Teva Pharmaceuticals USA, Inc.

Mylan Laboratories, Inc.

Nokia, Inc.

Stryker Sales Corp.

Stryker Orthopaedics

Howmedica Osteonics Corp.

Acumed, LLC

Quanta Computer, Inc.

Sanyo North America Corp.

LG Electronics, Inc.

Smith & Nephew, Inc.

Cohesive Technologies, Inc.

Waters Corp.

Swisa, Inc.

Egyptian Goddess, Inc.

Motorola, Inc.

Dror Swisa

Johnson & Johnson, Inc.

CVS Corp.

Aeroflex Colorado Springs, Inc.

Additional Resources

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