As a follow-up to our original post on the Prometheus case, we did a search to see if there were other patents related to the ones struck down by the U.S. Supreme Court, i.e., U.S. Patent No. 6,355,623 and 6,680,302. These patents issued in 2002 and 2004, respectively. In 2006 the same inventors obtained a…
Read MoreArchives for March, 2012
If your business is based on patented diagnostic test methods, you may want to pay attention today’s U.S. Supreme Court opinion in Mayo Collaborative Services v. Prometheus Laboratories, Inc. In this case, the Court unanimously reversed the Federal Circuit Court of Appeals and held that patent claims directed to a method of determining whether dosage…
Read MoreSelecting a patent lawyer, or any lawyer, can be challenging. Especially if you are new to the patent process, it can be difficult to know what to look for or what questions to ask. We have developed some tips that can help with this process. These tips are focused on the search for a…
Read MoreThe patent infringement lawsuit filed by Yahoo on Monday has caused quite a stir. Not only has the timing of the suit raised eyebrows because of Facebook’s impending IPO, but so has the subject matter of the patents-in-suit. A closer look at Yahoo’s patents reveals that the validity of many of their claims may turn…
Read MoreThe emergence of so-called “patent trolls” or their less pejorative name “non-practicing entities” (NPEs) has been a controversial topic for some time now. Those who become frequent target of NPE lawsuits are understandably hostile to NPEs or anything that increases their litigation defense costs and disrupts their business. Conversely, however, some argue that NPEs are…
Read MoreOne of the most frequently misunderstood concepts in patent law is that it is a negative monopoly. That means a patent provides a right to exclude other people from making, using, selling, offering to sell or importing what the patent claims. However, that right to exclude does not confer a right to practice the…
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