ARE Law logo

ARE Patent Litigation Alert:
NYIPLA Files Amicus Brief in Mayo v. Prometheus

On September 8, 2011, the New York Intellectual Property Law Association (“NYIPLA”) filed an amicus brief with the U.S. Supreme Court in Prometheus Labs., Inc. v. Mayo Collaborative Servs., 628 F.3d 1347 (Fed. Cir. 2010).  (Click here for a copy).  As reported in an earlier ARELAW Alert (see http://www.arelaw.com/publications/view/prometheusmayo/), the Supreme Court granted certiorari for a […]

ARE Patent Litigation Alert:USPTO Proposes to Revise the Materiality Standard for the Duty to Disclose to Conform with the Therasense

Yesterday, the United States Patent and Trademark Office (“USPTO”) proposed to revise the standard for materiality in the duty to disclose information during the prosecution of patents in light of the Federal Circuit’s decision in Therasense, Inc. v. Becton, Dickinson & Co, Nos. 208-1511, 2008-1512, 2008-1513, 2008-1514, 2008-1595, 2011 WL 2028255 (Fed. Cir. May 25, […]

Bayh–Dole Act does not override employees’ rights to unassigned inventions

Board of Trustees of the Leland Stanford Junior Univ. v Roche Molecular Sys., 131 S. Ct. 2188, US Supreme Court, 6 June 2011 (‘Stanford III’) Abstract The US Supreme Court confirms that the Bayh–Dole Act does not override employees’ rights to unassigned inventions.   Legal context Under the Bayh–Dole Act, a federal contractor to the […]