ARE Patent Law Alert: U.S. Supreme Court Again Grants Certiorari in Myriad to Address the Patent-Eligibility of Human Genes
On November 30, 2012, the U.S. Supreme Court granted certiorari for the second time in Association for Molecular Pathology v. U.S. Patent & Trademark Office, No. 12-368, 2012 U.S. LEXIS 9219 (U.S. Nov. 30, 2012) to address the question: “Are human genes patentable?” The Supreme Court is expected to hear argument and decide the case […]
ARE Patent Law Alert:
Federal Circuit Denies Writ of Mandamus To Compel Transfer in EMC’s Latest Petition For Writ
On January 29, 2013, the U.S. Court of Appeals for the Federal Circuit (“Federal Circuit”) addressed a second petition for writ of mandamus from a denial of a motion to transfer by the Eastern District of Texas in a patent infringement action brought by Oasis Research, LLC against various defendants. Unlike the first decision, which […]
Decision by U.S. Court of Appeals for the Federal Circuit in Myriad Remand Mirrors Reasoning in NYIPLA Amicus Brief
Click here to read the article. – New York Intellectual Property Law Association Bulletin, August/September 2012
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”). […]
ARE Trademark Law Alert:
A New York District Court Requires Foreign Trademark Registrant to Cancel Registered Goods Filed Under Madrid Protocol for which No Bona Fide Intent-to-Use Can Be Shown
In Sandro Andy, S.A., v. Light Inc. and Alice Sim, the Southern District of New York concluded that a foreign trademark registrant must cancel registered goods filed under The Madrid Protocol, where no bona fide intent-to-use in the U.S.A. can be shown. Under the Madrid Protocol, a party can file an application for an International […]
In The Press:Federal Circuit seeks new patentability test in Bilski
The Federal Circuit last month examined terms such as "tangible", "abstract", "concrete" and "transformative" in the closely watched In re Bilski hearing. Twelve Federal Circuit judges last month questioned lawyers about the definition of terms such as "tangible", "abstract", "concrete" and "transformative", in the closely watched hearing in In re Bilski, which could redefine what […]
ARE Trademark Law Alert:
U.S. Supreme Court Finds Covenant Not to Sue On Current Products and “Colorable Imitations†Moots Trademark Infringement Case
On January 9, 2013, in Already, LLC v. Nike, Inc., No. 11-982, 2013 U.S. LEXIS 602 (U.S. Jan. 9, 2013) the U.S. Supreme Court unanimously decided that Nike, Inc.’s (“Nike”) covenant not to sue its competitor Already, LLC (“Already”), for existing footwear designs or any designs that constituted a “colorable imitation,” rendered the pending trademark […]
In The Press:Bilski cited in BPAI rejection
The USPTO Board of Patent Appeals and Interferences last week rejected a business method patent based on the recent ruling by the Court of Appeals for the Federal Circuit in In re Bilski. The Bilski decision, published on October 30, changed the test for determining patent-eligible subject matter in the US. In Ex Parte R […]
ARE Patent Law Alert:
U.S. Supreme Court Again Grants Certiorari in Myriad to Address the Patent-Eligibility of Human Genes
On November 30, 2012, the U.S. Supreme Court granted certiorari for the second time in Association for Molecular Pathology v. U.S. Patent & Trademark Office, No. 12-368, 2012 U.S. LEXIS 9219 (U.S. Nov. 30, 2012) to address the question: “Are human genes patentable?” The Supreme Court is expected to hear argument and decide the case […]
ARE Patent Law Alert:

PTAB Reverses Examiner’s Obviousness Rejections In Two Related Appeals Where Examiner Did Not Provide An Adequate Rationale For Combining References
On November 30, 2012, the recently formed Patent Trial and Appeals Board (“PTAB”) issued two decisions in appeals in which they reversed the examiner’s obviousness rejections based on the examiner’s failure to satisfy the standard for obviousness articulated by the U.S. Supreme Court in KSR Int’l Co. v. Teleflex, Inc., 550 U.S. 398 (2007). More […]