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Category Archives: Patent Claims/Trolls

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“Patent Think” Retreats on Discovery of Nature, and Use of Math

Posted in Cancer Research, Patent Claims/Trolls, Pharmaceuticals, Uncategorized
“Patent think” continues to retrench and retrace after SCOTUS’ series of unanimous rulings that ended patents for discovery of laws of nature, and for most applications of math. A cogent summary of the rulings is provided in a July 21, 2015 blog post by John Conley at the Genomics Law Report.  Unlike some never say… Continue Reading

Another Step on the Patent Law Journey

Posted in Patent Claims/Trolls
Where will SCOTUS go next on patents, software, laws of nature, and fear of patent trolls/NPEs?  Another step on the journey unfolds today with oral arguments in Alice v. CLS Bank (SCOTUSblog case page).  Many amicus briefs were filed, and pundits are out commenting, with varying degrees of patent think. For example, here and here. Personally, I… Continue Reading

BRCA Patent Claims Fail Again

Posted in Patent Claims/Trolls
Myriad Genetics has lost again in its efforts to claim patent protection for reading the sequence of the so-called BRCA genes associated with breast cancer.  This time, a federal judge in its home state denied its request for a preliminary injunction against another company that will sequence BRCA genes for about half the price charged by… Continue Reading

Patent War Litigation Industry Continues to Grow

Posted in Patent Claims/Trolls
Is litigation all bad? Apparently not, at least judging by the actions of corporate America. Thus, corporations continue to embrace revenue-generating litigation, and use of patent litigation as a strategic business tool. The latest example arises in federal court in Texas, where Apple, Microsoft, Blackberry, Ericcson and Sony are the wizards behind the curtain for… Continue Reading

SCOTUS Unanimously Rejects “Patent Think” – Gene Patents Rejected for BRCA Genes

Posted in Patent Claims/Trolls, Science
SCOTUS is often fractured these days, but yesterday managed to unanimously and correctly reject patents on genes in the Myriad case. Why? Because a gene patent simply describes a law of nature, which is the normal sequence of nucleotides in a particular gene. Happily, the ruling ends Myriad’s undeserved claim to a monopoly on sequencing… Continue Reading

Some in The Patent Bar Remain Unhappy that SCOTUS Does not Defer to or See the Brilliance of the Federal Circuit or Patent Think

Posted in Patent Claims/Trolls
The US Supreme Court just held that even patent lawyers must face state law malpractice claims in state court. Some members of the patent bar are not happy about that outcome. Indeed, Mr. Noonan continues to jibe at SCOTUS because it does not defer to the Federal Circuit, and indeed has the temerity to overturn… Continue Reading

The Business of Patent Claim Litigation – 40% Contingent Fee Held Reasonable and Patent Malpractice Claims Should Be In Federal Court

Posted in Contingent Fees, Patent Claims/Trolls
Here (but subscription required) is a Chicago Daily Law Bulletin article regarding an interesting ruling on two aspects of entrepreneurial claiming. The opinion holds that a 40% contingent fee is a reasonable fee for contingent patent fee claims. The case also holds that since patent law claims arise under federal law, the federal courts also… Continue Reading