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Blog Home | October 1, 2014

United States Supreme Court Grants Certiorari to Review en banc Decision in Hyatt v. Kappos

On Monday, June 27, 2011, the United States Supreme Court granted certiorari to review the en banc Federal Circuit decision in Hyatt v. Kappos, which held that district courts have broad power to consider new evidence in cases that contest United States Patent and Trademark Office (PTO) decisions.  The Supreme Court decision may discourage patent [...]

NTP Inc. Sues Six Major Smartphone Companies

On Friday July 9, 2010, NTP Inc. filed patent infringement suits against six major smartphone companies.  NTP is suing Apple, Google, HTC, LG Electronics, Microsoft, and Motorola over eight NTP Inc. patents which relate to wireless e-mail delivery.  NTP is a patent holding company or also known as a “non-practicing entity.”  A non-practicing entity does [...]

Bilski v. Kappos

On June 28, 2010, the Supreme Court of the United States released a long-awaited opinion regarding the patentability of business method patents.  The Supreme Court upheld a decision which found a process for hedging commodities was non-patentable subject matter.  In 1997, Bernard Bilski and Rand Warsaw filed a patent application for a procedure for hedging [...]

En Banc Hearing for TiVo

On Friday, May 14, 2010, the United States Court of Appeals for the Federal Circuit announced that it would grant an ‘en banc’ hearing of the TiVo v. Echostar case.  An ‘en banc’ hearing is a decision made by all the judges of a court, where typically only a panel of three judges hear an [...]

Teva Pharmaceuticals

Recently, U.S. District Court Judge Garrett Brown rejected the argument made by Teva Pharmaceuticals Industries Ltd. that the patent covering the main ingredient in Merck & Co.’s asthma and allergy treatment drug Singulair® was invalid or unenforceable. The patent that covers Singulair’s® main ingredient is U.S. Patent No. 5,565,473 and can be viewed at Google [...]

Oprah Sues Acai Berry Advertisers For Trademark Infringement

Attorney General Lisa Madigan recently filed lawsuits against three suppliers and one marketer of the Acai berry in the Circuit Court of Cook County.  The lawsuits allege that the companies use deceptive techniques to lure customers, prematurely charge their credit cards, and make it almost impossible to cancel orders of the berry. Madigan stated “[t]he [...]

Microsoft Ordered to Stop Selling Word!

On August 11, 2009, a United States District Court Judge in the Eastern District of Texas ordered Microsoft to stop selling Microsoft Word.  Judge Leonard Davis ordered the permanent injunction because Microsoft Word is infringing a patent to I4I or Infrastructures for Information Inc., namely,U.S. Patent No. 5,787,449, which is titled “Method and system for [...]

Department of Justice Turns Against “Pay to Delay” Practice

In the pharmaceutical industry, timing is crucial.  Typically, drugs require years of research and development before they are sold.  A patent for a drug grants the patent owner the exclusive right to research, produce, use, sell, and market the drug for the life of the patent.  When the patent expires, generic companies scramble to enter [...]

ACLU Upset About Patented Breast Cancer Genes

On May 12, 2009, the ACLU filed a lawsuit in New  York Federal Court over the constitutionality of patented breast cancer genes. The ACLU is representing a group of pathologists, researchers, non-profit organizations, and cancer patients in filing a suit against the United States Patent and Trademark Office (USPTO), Myraid Genetics, and the Directors of [...]

In re Bilski: Patenting of Business Methods Heads to the Supreme Court

On June 1, 2009 the Supreme Court granted certiorari to Bernard L. Bilski and Rand A. Warsaw regarding the patenting of business methods discussed in the November 2008 article “In re Bilski: CAFC Clarifies “Transformation of Matter” Test for Business Method Patents.”  (http://blog.patents-tms.com/?p=253)  Bilski and Warsaw appealed the rejection of their business method application to [...]