It is rarely in doubt that a drug-maker has the right to bar generic entry into an exclusive market when the drug-maker’s patent is found valid and infringed by a generic applicant, or when such a finding is deemed reasonably likely by the court. For this reason, it is somewhat surprising that Chief Judge RobertsContinue reading “Chief Justice Finds Generics’ Entry Into Drug Maker’s Exclusive Market Does Not Pose Threat of Irreparable Harm”
Category Archives: Supreme Court Review of Fed. Cir.
Supreme Court reiterates that a forum-selection clause should be “given controlling weight in all but the most exceptional cases.”
In Atlantic Marine Const. Co., Inc. v. U.S. Dist. Court for Western Dist. of Texas, 571 U. S. _ (2013), 2013 WL 6231157 (December 3, 2013), the Supreme Court not only reiterated that a valid forum selection clause must be given controlling weight, with rare exception – when considering a transfer motion under a 1404Continue reading “Supreme Court reiterates that a forum-selection clause should be “given controlling weight in all but the most exceptional cases.””
Supreme Court: Mere isolation of naturally occurring DNA segment is not patent eligible. AMP v Myriad Genetics, 569 U.S. _ (June 13, 2013)
The U.S. Supreme Court’s much anticipated decision in Association for Molecular Pathology, et al. v. Myriad Genetics, Inc., et al., 569 U.S. ___, issued June 13, 2013. In short, the Supreme Court analyzed whether an isolated DNA sequence is patent eligible in light of the fundamental principle that laws of nature, natural phenomena, and abstractContinue reading “Supreme Court: Mere isolation of naturally occurring DNA segment is not patent eligible. AMP v Myriad Genetics, 569 U.S. _ (June 13, 2013)”
U.S. Supreme Court Denies Cert in PharmaStem/ViaCell Dispute
On March 17, 2008, the United States Supreme Court denied PharmaStem’s writ of certiorari in the case of PharmaStem Therapeutics, Inc. v. Viacell, Inc., et al. This case involved various cord blood storage patents and was originally filed in the District of Delaware. A jury originally reached a verdict for PharmaStem and against Viacell Inc.,Continue reading “U.S. Supreme Court Denies Cert in PharmaStem/ViaCell Dispute”