Category Archives: Infringement

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Nautilus Standard Sinks Dow Patents

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Dow Chemical Company (“Dow”) lost a ruling that competitor NOVA Chemical Corporation and NOVA Chemicals Inc. (collectively “NOVA”) infringed claims of two Dow patents when the Federal Circuit applied the U.S. Supreme Court’s new definiteness standard set forth in Nautilus, Inc. v. Biosig Instruments, Inc., 134 S. Ct. 2120 (2014)(“Nautilus”). Dow Chemical Co. v. NOVA Chemicals … Continue reading this entry

Inventorship, Ownership Issues Cause Dismissal of Suit

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On July 22, 2015, the U.S. District Court for the District of Maryland dismissed a long standing patent infringement suit brought by StemCells, Inc. against Neuralstem, Inc., on the ground that all those with an ownership interest in the patents-in-suit did not voluntarily join as plaintiffs in the action. StemCells, Inc v. Neuralstem, Inc., Case … Continue reading this entry

Managing IP Risk in the Age of Personalized Medicine

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As discussed on Foley’s Health Care Law Today blog, personalized medicine treatment trends and innovations are leading diagnostic and therapeutic companies to form complex arrangements and partnerships with the ultimate goal of delivering improved patient treatment. Diagnostics are married to a single or multiple treatments. Devices connect patients with providers. Health care systems may partner with … Continue reading this entry

Genetic Data, Patents, and Trade Secrets

Patents protect proprietary information but are of limited duration. After expiration, the patented technology becomes part of the public domain. Trade secrets, in contrast, never expire and therefore are not accessible to the public as long as the information remains secret. Thus, the authors of “The Next Controversy in Genetic Testing: Clinical Data as Trade Secrets?”  … Continue reading this entry

Federal Circuit Hands Personalized Medicine Patent Holders New Tool for Enforcement

If two or more actors jointly perform a patented method, is the claim infringed ? Late last week, in Akamai Technologies, Inc. v. Limelight Networks, Inc., and McKesson Technologies, Inc. v. Epic Systems Corp., __ F.3d __ (Fed. Cir. 2012)(“Akamai”) the Federal Circuit said yes, infringement can be found under 35 U.S.C. § 271(b) if a … Continue reading this entry

In Classen, the Federal Circuit Determines That Certain Method Claims Satisfy 35 USC § 101

On August 31, 2011, the Federal Circuit issued a precedential decision in Classen Immunotherapies, Inc. v. Biogen Idec (App. 2006-1643, -1649), a patent case of significant interest to the personalized medicine industry. As with the Prometheus case, this case addresses patent-eligibility of certain types of method claims. The Federal Circuit decided Classen on remand from … Continue reading this entry

Gene Patenting Debate Slips Into Patent Reform Bill

On June 23, 2011, the United States House of Representatives passed the “Leahy-Smith America Invents Act” (H.R. 1249) to amend title 35 of the United States Code, to provide for patent reform.  Within the numerous provisions related to the examination, administration and enforcement of U.S. patents is a proposed amendment that may affect the value … Continue reading this entry

Inducing Infringement of a Diagnostic Method: Consult the Supreme Court's New Test

The U.S. Supreme Court in Global-Tech Appliances Inc. v. SEB S.A., __ U.S. __ (2011) recently created a new test for inducement to infringe a patent claim. This is significant for patents in the medical diagnostic field and companion diagnostics where the patent holder may not wish to sue one who is literally infringing the patent, such as a hospital laboratory or medical doctor, but rather seek to enjoin or obtain monetary damages from the manufacturer of the laboratory test under the theory that selling the test to the laboratory or doctor was an inducement to infringe the patent. … Continue reading this entry