ARE Patent Law Alert:
Unanimous U.S. Supreme Court Decision on Patent Exhaustion Upholds Patentee’s Rights in Case Regarding Patented Self-Replicating Technologies

On May 13, 2013, the Supreme Court of the United States issued a unanimous decision in Bowman v. Monsanto Co., No. 11-796, holding that the doctrine of patent exhaustion does not permit a farmer to reproduce patented seeds by planting and harvesting them without the patent holder’s permission. The Court, in an opinion written by […]

ARE Patent Law Alert: Federal Circuit Strengthens the Ability of Non-Practicing Entities to Assert Infringement In The International Trade Commission

The Federal Circuit’s January 10, 2013 decision in InterDigital Communications, LLC v. International Trade Commission, 2010-1093 (Fed. Cir. Jan. 10, 2013) (“InterDigital”)  has strengthened the ability of non-practicing entities (“NPEs”) to satisfy the domestic industry requirement based solely on their licensing activities and thereby maintain a Section 337 Investigation in the International Trade Commission (“ITC”). […]

Isolated human genes and related therapeutic treatment methods held patent-eligible

Ass’n for Molecular Pathology v US Patent & Trademark Office, 689 F 3d 1303, Fed Cir (‘Myriad IV’), 16 August 2012 Patents on isolated genes are big business. In the past three decades, the United States Patent and Trademark Office (USPTO) has issued over 2500 patents claiming isolated DNA, and 40000 DNA-related patents in nonnative […]