CAFC Orders New Damages Trial for Roche, Clarifies Standard for Patent...
On April 8, in a mixed and split precedential decision, the U.S. Court of Appeals for the Federal Circuit (CAFC) affirmed, reversed, vacated, and remanded a decision by the U.S. District Court for the...
View ArticleStanford v. Roche: An Academic/Industry Collaboration Gone Wrong
This morning the first panel discussion is focusing on Stanford v. Roche, titled Who's Rights Are They Anyway? The first speaker, Maggie Shafmaster, Ph.D., Vice President and Chief Patent Counsel,...
View ArticleSupreme Court Affirms CAFC in Stanford v. Roche on Bayh-Dole
At issue in the case, essentially, was whether the extraordinarily successful Bayh-Dole legislation (enacted in 1980) automatically vested ownership of patent rights in Universities when the underlying...
View ArticleDid the Supreme Court Rule First to File is Unconstitutional?
The ink is hardly dry on the Supreme Court decision in Stanford v. Roche and already those who oppose patent reform are concocting one of the most ridiculous arguments I have ever seen to oppose first...
View ArticleAfter Stanford v. Roche: Bayh-Dole Still Stands
Finally, we believe that in the interest of fairness a word about the person who has his name attached to this case - Dr. Mark Holodniy—is required. Rather than being a rogue inventor, or a naïve...
View ArticlePresent Assignment of Future Invention Rights: Some Heretical Thoughts on the...
One of the critical issues in the Stanford case that is glossed over (or at least not addressed directly) by the Supreme Court majority (as well as others in the patent “blogosphere”) is what happens...
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The CRISPR Tug of War
The University of California (“UC”) and The Broad Institute, Inc. (“Broad”) are among the leaders in the development of CRISPR technology. Both UC and Broad filed patent applications for claims...
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Post-Myriad Legal and Policy Considerations for Patenting Genetic Inventions
The U.S. Supreme Court’s 2013 ruling in Association for Molecular Pathology v. Myriad Genetics changed the landscape of what is considered patentable material in the context of genetic inventions. In...
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CAFC Holds Sequenom’s Prenatal DNA Patent Claims Eligible Under 101
The U.S. Court of Appeals for the Federal Circuit (CAFC) has reversed a district court decision finding certain claims of two patents covering prenatal DNA testing patent ineligible. The CAFC held that...
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Federal Circuit Upholds Patent for Biologic Drug Enbrel; Judge Reyna Dissents
On July 1, the U.S. Court of Appeals for the Federal Circuit (CAFC) affirmed a holding of the U.S. District Court for the District of New Jersey in Immunex Corporation, Amgen Manufacturing, Limited,...
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