Tag Archives: Supreme Court

Kimble v. Marvel – Supreme Court Sticks With Brulotte Rule

Posted on June 23, 2015 by Warren Woessner

In a rather breezy opinion filled with Spiderman puns and references, Justice Kagan, writing for a 6/3 Court, affirmed that Brulotte v. Thys Co., 379 U.S. 29 (1964) controlled the outcome of this dispute over Marvel’s decision to halt royalty … Continue reading →

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Myriad Settles – Questions Remain

Posted on January 27, 2015 by Warren Woessner

Yesterday, Myriad announced it has settled the BRCA assay litigations that had been ongoing—and not going well– with Pathway Genomics, Invitae and Gene by Gene (and I assume….Ambry and Labcorp). Although I was just about at the brink of shouting … Continue reading →

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TEVA v. SANDOZ – THE DISSENT AND THE ZONE OF UNCERTAINTY

Posted on January 21, 2015 by Warren Woessner

In Teva v. Sandoz, decided yesterday by a 7-2 decision of the S. Ct., the lengthy dissent by Justices Alito and Thomas invoked the dreaded “zone of uncertainty” – a dangerous bar of shifting legal sands that defendants should not … Continue reading →

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Teva v. Sandoz: “Just the facts, Ma’am”

Posted on January 21, 2015 by Warren Woessner

Effectively reversing Cybor Corp., which flatly stated that a lower court’s claim construction is a question of law which is to be reviewed de novo by the Fed. Cir., yesterday the Supreme Court held 7-2 that questions of fact resolved … Continue reading →

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