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Document(s) published by this organization: 5
Sort by:  | Supreme Court Holds That the Federal Rules of Evidence Are the Only Evidentiary Restriction in District Court Review of Board of Patent Appeals and Interferences Decisions
Robert H. Fischer, Chitra M. Kalyanaraman; Fitzpatrick, Cella, Harper & Scinto;
Legal Alert/Article April 23, 2012, previously published on April 18, 2012 On April 18, 2012, the Supreme Court of the United States issued its decision in Kappos v. Hyatt. In this decision, the Court unanimously affirmed an en banc decision of the Court of Appeals for the Federal Circuit holding that, in a district court action brought under 35 U.S.C. § 145, a...
| | Caraco Holds That Statutory Counterclaim To Correct Patent Information Submitted By Branded Drug Makers To FDA Applies To Inaccurate Use Codes For Method-Of-Use Patents
Christopher E. Loh; Fitzpatrick, Cella, Harper & Scinto;
Legal Alert/Article April 23, 2012, previously published on April 18, 2012 In Caraco Pharm. Labs. Ltd. V. Novo Nordisk A/S, the Supreme Court held unanimously that a generic drug maker may bring a counterclaim under 21 U.S.C. § 355(j)(5)(C)(ii)(I) to force the correction of an FDA use code that inaccurately describes a branded drug maker’s patent as covering a...
| | The Supreme Court's Decision in Mayo v. Prometheus: Medical Process is an Unpatentable Law of Nature
Joshua D. Calabro, Robert H. Fischer; Fitzpatrick, Cella, Harper & Scinto;
Legal Alert/Article March 26, 2012, previously published on March 20, 2012 On March 20, 2012, the U.S. Supreme Court issued a unanimous (9-0) opinion in Mayo Collaborative Services v. Prometheus Laboratories, Inc., concerning the scope of patenteligible subject matter. The Court reversed the Federal Circuit and held that Prometheus's process for optimizing dosage was a...
| | Supreme Court Hears Oral Argument on the Patent Eligibility of a Medical Process
Joshua Calabro, Robert H. Fischer; Fitzpatrick, Cella, Harper & Scinto;
Legal Alert/Article December 22, 2011, previously published on December 7, 2011 On December 7, 2011, the Supreme Court of the United States heard oral argument in Mayo Collaborative Services v. Prometheus Laboratories, Inc. The case is before the Supreme Court for the second time and concerns whether a medical process for optimizing therapeutic efficacy is patent-eligible...
| | Ass’n for Molecular Pathology v. USPTO, No. 2010-1406 (July 29, 2011) (the Myriad Genetics case)
Robert H. Fischer, Dennis Gregory; Fitzpatrick, Cella, Harper & Scinto;
Legal Alert/Article August 12, 2011, previously published on July 29, 2011 The Federal Circuit today issued a key biotechnology opinion, holding that isolated human DNA sequences are patentable subject matter under 35 U.S.C. § 101. Ass’n for Molecular Pathology v. USPTO, No. 2010-1406 (July 29, 2011).
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