Alerts
Third-Party Clinical Trials Not Considered “Public Use”
June 18, 2013
Hamilton Brook Smith Reynolds
By: Elizabeth W. Mata
Contributing Writer Kristen Salvaggio from Hamilton Brook Smith Reynolds Public use inquiry is focused on the knowledge obtained by the public during clinical trial...More »
Bowman v. Monsanto Co. Raises Concerns for Buyers of Patented Self-Replicating Products
June 13, 2013
Hamilton Brook Smith Reynolds
By: Doreen M. Hogle and Jeffrey S. Clark, M.D.
Contributing Writer Chace Craig from Hamilton Brook Smith Reynolds The doctrine of patent exhaustion does not protect replication of genetically modified soybean...More »
Isolated Human Genes Are Not Patentable; cDNA Is Patent Eligible Subject Matter
June 13, 2013
Hamilton Brook Smith Reynolds
By: Doreen M. Hogle and Jeffrey S. Clark, M.D.
The Supreme Court unanimously ruled today in Association for Molecular Pathology v. Myriad Genetics that genes (naturally occurring DNA segments) isolated from the human body...More »
Federal Circuit Splinters on the Topic of Patent Eligibility Criteria in CLS Bank Int'l v. Alice Corp.
May 21, 2013
Hamilton Brook Smith Reynolds Alert
By: N. Scott Pierce and John D. Hamann
All claims held invalid without an opinion by a majority of the court. CLS Bank Int'l v. Alice Corp. is another "opportunity" for the Supreme Court...More »
Failure to Challenge Examiner's Characterization Can Bind You to a Limited Claim Scope
May 20, 2013
Hamilton Brook Smith Reynolds Alert
By: Deirdre E. Sanders and Brian T. Moriarty
A patent claim's scope can be limited where the patent applicant does not explicitly challenge a Patent and Trademark Office characterization. Incorporation...More »
Think You Won? You May Still Need to Appeal.
May 8, 2013
Hamilton Brook Smith Reynolds Alert
By: Brian T. Moriarty and Christopher K. Albert
Failing to cross-appeal a “not invalid” finding waives the issue on remand. For these litigants, infringement is based on a broad claim construction,...More »
Patent Marking is not Conclusive Proof of Patent Infringement
April 11, 2013
Hamilton Brook Smith Reynolds Alert
By: Brian T. Moriarty and Elizabeth W. Mata
Marking a product with a patent number and paying royalties are merely rebuttable evidence that a product may be covered by a patent. A licensee's marking of...More »
Federal Circuit to Reconsider 15-Year Claim Construction Position: Patent Holders and Their Counsel on Watch
April 8, 2013
Hamilton Brook Smith Reynolds Alert
By: Deirdre E. Sanders and Maria L. Cedroni
Claim construction (i.e., the determination of the meaning and scope of claims) is a major part of patent infringement litigation proceedings and can make or break a...More »