Tag Archives: biotechnology law

Supreme Court Rewrites the Law of Enhanced Damages

This is a guest post by Janice M. Mueller of Chisum Patent Academy. Today the Supreme Court rewrote the law of enhanced damages for willful patent infringement by issuing a unanimous decision in No. 14-1513, Halo Elecs., Inc. v. Pulse … Continue reading

Posted in Damages, Inequitable Conduct/Rule 56, Infringement | Tagged , , , , , , , | Leave a comment

Merck’s Solvaldi® Patents Unenforceable for Egregious Misconduct

In Gilead Sciences, Inc. v. Merck & Co., Inc., Case No. 13-cv-04057-BLE (N.D. Cal., June 6, 2016), Judge Beth Freeman, sitting in equity, found that the record compelled a finding that Merck and its employee “D” had obtained asserted patents … Continue reading

Posted in Inequitable Conduct/Rule 56 | Tagged , , , , , , , , , | 2 Comments

New (and Improved?) PTO Guidelines on Biotech Patent-Eligibility

The PTO has released a new set of life sciences’ examples to teach Examiners how and when to reject claims and, hopefully, teach the patent bar how to write allowable claims. (A copy if found at the end of this … Continue reading

Posted in Patent Eligible Subject Matter | Tagged , , , , , , | 1 Comment

Justice Breyer to Diagnostic Test Patentees – “Abandon Hope All Ye Who Enter Here.”

Kevin Noonan recently posted an article entitled “The Fantastical World of Justice Stephen Breyer” that demonstrates, via Breyer’s quotes during various oral arguments, his suspicion that the patent system is, for example, issuing broad, hard to understand, claims that lead … Continue reading

Posted in Patent Eligible Subject Matter | Tagged , , , , , , , , , , , | Leave a comment