ARE Patent Law Alert:
Federal Circuit Affirms PTO’s Finding of Invalidity After Previously Finding Same Patent Not Invalid

(May 21, 2012) On May 17, 2012, the U.S. Court of Appeals for the Federal Circuit (“Federal Circuit”) clarified the different burdens of proof employed against a patent challenger in litigation in a Federal District Court and at the U.S. Patent and Trademark Office (“PTO”) in a reexamination proceeding. In re Baxter Int’l, No. 2011-1073, […]

ARE Litigation Alert:U.S. Supreme Court Finds Prometheus Method of Diagnosing and/or Treating Unpatentable Law of Nature

U.S. Supreme Court Finds Prometheus Method of Diagnosing and/or Treating Unpatentable Law of Nature By Charles R. Macedo, Michael J. Kasdan and David Boag* (March 20, 2012)  On March 20, 2012, in a unanimous decision authored by Justice Breyer, the U.S. Supreme Court  found patent claims directed to diagnosing and/or treating a disease to be […]