Category: Supreme Court

The Hardest Part – Waiting for the Supreme Court

The Hardest Part – Waiting for the Supreme Court The Hardest Part - Waiting for the Supreme Court • 2011 10 28 F NEWSolicitorGeneralUpdate

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)

The Solicitor General Weighs In at Last (UPDATED) The Solicitor General Weighs In at Last (UPDATED) • 2011 10 18 F SolicitorGeneralUpdate

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. […]