Tag Archives: ip

Supreme Court Grants Cert. In Caraco

Today (June 27, 2010), the Supreme Court granted cert. in yet another patent appeal, Caraco Pharm. Labs., Ltd., v. Novo Nordisk, (Supreme Ct. 10-844). Earlier this month, I did an extensive post on the decision below, in which the Fed. … Continue reading

Posted in Hatch-Waxman | Tagged , , , , , , , , , , , , | Leave a comment

Supreme Court Grants Cert. In Mayo v. Prometheus

Today, in what may be an ominous turn for biotech IP law, the Supreme Court granted cert. for the second time in Mayo Collaborative Services v. Prometheus Labs., Inc, Supreme Court No. 10-1150. Post-Bilski, the Supreme Court granted cert., vacated … Continue reading

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

Caraco – The Little Counterclaim That Could?

I normally try to steer clear of issues raised in Hatch-Waxman litigation between the “innovators” and the “generics,” unless it raises specific points of patent law of general interest – there is just so much of it, and other blogs … Continue reading

Posted in Hatch-Waxman | Tagged , , , , , , , , , , , , , , | 2 Comments

Supreme Court: Evidence Of Invalidity Must Be “Clear And Convincing”

On June 9, 2011, the Supreme Court rejected Microsoft’s contention that a preponderance of the evidence should be sufficient to establish patent invalidity in an 8-0 (Roberts abstained) opinion, which affirmed the Fed. Cir.’s opinion (for a change). (The decision … Continue reading

Posted in Burden of Proof | Tagged , , , , , , , | Leave a comment