Golan v. Holder, No. 10–545 (U.S. Jan. 18, 2012) (slip op.) The Supreme Court announced its decision in Golan v. Holder last week – a case with a large potential impact. At stake is 17 U.S.C. § 104A, which gave foreign authors U.S. copyright for works in which they lost their chance by not following […]
Category: Supreme Court
The Hardest Part – Waiting for the Supreme Court
CASE RESULTS DEPEND UPON A VARIETY OF FACTORS UNIQUE TO EACH CASE AND THE RESULTS OBTAINED IN THIS CASE (OR GENERAL INFORMATION WE REPORT ABOUT THE CASE) DO NOT GUARANTEE OR PREDICT A SIMILAR RESULT IN ANY FUTURE CASE UNDERTAKEN BY OUR LAWYERS. If you’ve been following the Masciandaro v. U.S. case that we are […]
The Solicitor General Weighs In at Last (UPDATED)
CASE RESULTS DEPEND UPON A VARIETY OF FACTORS UNIQUE TO EACH CASE AND THE RESULTS OBTAINED IN THIS CASE (OR GENERAL INFORMATION WE REPORT ABOUT THE CASE) DO NOT GUARANTEE OR PREDICT A SIMILAR RESULT IN ANY FUTURE CASE UNDERTAKEN BY OUR LAWYERS. A quick update on the Masciandaro v. U.S. case that we are […]
USPTO Director Asks SCOTUS to Weigh In on Adding Evidence
Hyatt v. Kappos, 625 F.3d 1320 (Fed. Cir. 2010), cert. granted, slip op. (U.S. June 27, 2011) (No. 10-1219) Yesterday the Supreme Court agreed to consider the role of new evidence in an appeal from a determination by the USPTO that certain technology is not patentable. When the USPTO denies an application for a patent, […]
SCOTUS Picks Up Brand vs. Generic Drugs Case
Caraco Pharmaceutical Laboratories, Ltd. v. Novo Nordisk A/S, 601 F.3d 1359 (Fed. Cir. ), cert. granted, slip op. (U.S. June 27, 2011) (No. 10-844) Next term, the Supreme Court will consider the complicated Hatch-Waxman Act, which provides a regulatory scheme for balancing the various interests associated with brand and generic pharmaceutical products. When the FDA […]
Mayo Medical Labs: Figuring Out Whether It Is “Patent Worthy”….
Many members of the patent bar predicted that the Supreme Court would let the issue of patentable subject matter under § 101 of the patent statutes (i.e., is it the types of invention that can be patented) percolate in the lower courts for a while after it issued its Bilski decision last year. Not so. […]