Trend Results : By Jason Rantanen
Blog Post Results (1-20 of 219)
FILTER RESULTS ►Bosch v. Pylon: 1292(c)(2) CAFC Jurisdiction
By Jason Rantanen Robert Bosch, LLC v. Pylon Manufacturing Corp. (Fed. Cir. 2013) (en banc) Download Bosch v Pylon Majority opinion written by Judge Prost, joined by judges Rader, Newman, Lourie, and Dyk. Judges Moore and Reyna concurred and dissented-in-part...
Myriad: The PTO's Preliminary Guidance
By Jason Rantanen Within hours of the Court's Association for Molecular Pathology v. Myriad Genetics, Inc. decision yesterday, the USPTO published its preliminary guidance to the Patent Examining Corps relating to nucleic acid-related technology. From the memorandum: ?As of today,...
Myriad: Justice Scalia's Concurrence
By Jason Rantanen Concurring in part and concurring in the judgment in Myriad, Justice Scalia wrote: I join the judgment of the Court, and all of its opinion except Part I–A and some portions of the rest of the opinion...
Myriad: Isolated DNA out, cDNA in
By Jason Rantanen Association for Molecular Pathology v. Myriad (2013) Download 12-398_8njq In an unanimous opinion, this morning the Supreme Court drew a sharp line between isolated DNA (not patentable subject matter) and cDNA [synthetic versions of DNA that omit...
Dey v. Sunovion
By Jason Rantanen Dey, L.P. v. Sunovion Pharmaceuticals, Inc. (Fed. Cir. 2013) Download 12-1428.Opinion.5-16-2013.1 Panel: Newman (dissenting), Bryson (author), O'Malley Although decided under the "old" version of 35 U.S.C. 102, Dey v. Sunovion has broad ramifications for both current and...
Congratulations to 2013 Mark T. Banner Award Recipients!
By Jason Rantanen I'm very happy to announce that my Iowa Law colleague, Christina Bohannan, has been selected to receive the ABA Intellectual Property Law Section's 2013 Mark T. Banner Award for her contributions to intellectual property law. Professor Bohannan...
Best Mode: Only Mostly Dead
By Jason Rantanen Ateliers de la Haute-Garonne v. Broetje Automation USA Inc. (Fed. Cir. 2013) Download 12-1038.Opinion.5-17-2013.1 Panel: Newman (author), Prost (dissenting), Reyna While the America Invents Act eliminated the failure to disclose best mode as a defense in patent...
Motiva v. ITC and Nintendo
By Jason Rantanen Motiva, LLC v. International Trade Commission and Nintendo Co., Ltd. (Fed. Cir. 2013) Download 12-1252.Opinion.5-9-2013.1 Panel: Newman, Prost (author), O'Malley In order to bring a section 337 action in the International Trade Commission to prevent the importation...
Forrester v. Wheelabrator: No Federal Subject Matter Jurisdiction Over Tortious Interference Claims Involving Patent Issues
By Jason Rantanen This case is significant because even as it applies the Supreme Court's recent ruling in Gunn v. Minton to find a lack of subject matter jurisdiction over state law tortious interference claims involving patent issues it also...
Allergan v. Sandoz: The Thin Line of Nonobviousness
By Jason Rantanen Allergan, Inc. v. Sandoz Inc. (Fed. Cir. 2013) Download Allergan v Sandoz Panel: Dyk (dissenting-in-part), Prost (author), O'Malley Allergan illustrates how thin the line between obvious and nonobvious can sometimes be. Allergan owns several patents relating to...
Lazare Kaplan v. Photoscribe: Make Sure to Always File a Cross-Appeal (Except When You Shouldn't)
By Jason Rantanen Lazare Kaplan Int'l. v. Photoscribe Technologies, Inc. (Fed. Cir. 2013) Download Lazare Kaplan v Photoscribe Panel: Lourie (author), Dyk (dissent), Reyna Deciding which issues to appeal can sometimes be a challenging process. One quirky rule of appealing...
Biogen v. Glaxosmithkline: Prosecution History Disclaimer and Claim Construction
By Jason Rantanen Biogen Idec, Inc. v. Glxosmithkline (Fed. Cir. 2013) Download Biogen v GSK Panel: Dyk, Plager (dissenting), Reyna (author) By the mid-1990's, it was well known that rituximab, an anti-CD20 antibody, could be used to treat certain cancers...
FCBA and Santa Clara Program on Advanced Complex Litigation
By Jason Rantanen This year, the Federal Circuit Bar Asociation is sponsoring a series of programs on Advanced Complex Litigation. Next Friday, May 3, the FCBA and Santa Clara Law School's High Tech Law Institute will co-host the next segment...
PatCon 3: Plenary Session
By Jason Rantanen I'm continuing to blog the presentations at PatCon 3. Mark Lemley (Stanford) James Malackowski (Ocean Tomo, LLC) David Abrams (Penn) Mark Lemley - Why Do Juries Decide if Patents are Valid? In other areas of administrative law,...
Liveblogging PatCon 3: A Conversation with Industry
By Jason Rantanen Today I'll be liveblogging from PatCon 3. For those who are interested, the substance will be after the break. I'm told that video recordings will be available for the plenary presentations. A conversation with industry Jim Trusell...
Loyola Law Journal - Panel #2: Shortcomings in the Patent System
By Jason Rantanen Timothy Holbrook, Michael Meurer and Ted Sichelman, and Oscar Liivak, moderated by Atanu Das. Holbrook - The Written Description Gap: How do we balance access with protections to inventors. Going to discuss an unintended gap - this...
Loyola Law Journal - Chief Judge Holderman on innovations in jury trials
By Jason Rantanen Chief Judge Holderman: Innovations to Improve Juror Understanding in Patent Jury Trials. (My notes from the first panel are too much of a mess to be worth posting). Talking about how can we get rights enforced in.....
Liveblogging from the Loyola Law Journal Conference on Patents, Innovation & Freedom to Use Ideas
By Jason Rantanen Today I'll be liveblogging from the Loyola Law Journal Conference on Patents, Innovation & Freedom to Use Ideas. I'll be posting the full text of my entry below the break for those who are interested. Keynote speaker:...
En Banc Review in Checkpoint v. All-Tag?
By Jason Rantanen In December, the Federal Circuit denied a request for rehearing en banc in Highmark v. Allcare Health Management Systems. The request focused on the de novo standard of review that the panel in Highmark applied in reviewing...
Checkpoint Systems v. All-Tag Security: Failing the Objectively Baseless Standard
By Jason Rantanen Checkpoint Systems, Inc. v. All-Tag Security S.A. (Fed. Cir. 2013) Download 12-1085.Opinion.3-21-2013.1 Panel: Newman (author), Lourie, Schall It's a general rule of commercial litigation in the United States that parties must bear their own legal costs. One...
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