Archives for August, 2012

Isolated Genes are Patent Eligible – At Least for Now

The courts continue to wrestle with the difficult question of what types of things can be patented (i.e., what constitutes statutory subject matter).   Last week, the Federal Circuit Court of Appeals issued its post-remand opinion in Association for Molecular Pathology, et al., v. United States Patent & Trademark Office, et al. (“Myriad”),  ___ F.3d. ___…

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Defending the Patent Case: Self-Help Discovery

The discovery rules in federal litigation provide a powerful mechanism for obtaining evidence necessary to defend against claims of patent infringement.  However, anyone who has been through the process knows that it can be very difficult and contentious, especially when the stakes are high and/or you are dealing with an uncooperative adversary.  As an adjunct…

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