July 2012

July 11, 2012 8:14 PM | Posted by Rasmussen, W. Brent | Permalink
The topic of what constitutes patentable subject matter under section 101 of the Patent Act has received a lot of attention leading up to and following the Supreme Court's decision in Bilski v. Kappos, 130 S. Ct. 3218 (2010). More recently, in Mayo Collaborative Services v. Prometheus Laboratories, Inc., the Supreme Court revisited the issue. 132 S. Ct. 1289 (2012). Reversing the Federal Circuit, the Supreme Court held that Prometheus' invention for a personalized medicine dosing process constituted unpatentable subject matter, because it applied a natural process (which is never patentable) using known elements. This was the second time in the last three terms that the Supreme Court reversed the Federal Circuit in a section 101, patentable subject matter case. read more
July 3, 2012 11:52 AM | Posted by Olafson, Shane | Permalink

On June 14, 2012, the Federal Circuit issued its decision in Bard Peripheral Vascular Inc. v. W.L. Gore & Assoc’s. Inc., clarifying the standard for willful patent infringement.  This clarification will give patent litigants greater certainty regarding the scope of potential damages, which in turn will help litigants decide whether to attempt to settle or go to trial.

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