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  • Posts by Brian Chellgren, Ph.D.
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    Dr. Brian Chellgren is a member of the firm’s Intellectual Property and Technology practice group.  His practice encompasses all aspects of intellectual property, including patent prosecution and opinion letters; trademark ...

Since the Supreme Court’s Myriad decision of 2013 (see Ass’n. for Molecular Pathology v. Myriad Genetics, Inc., 133 S. Ct. 2107), inventors and patent owners have struggled with trying to protect inventions that were suddenly declared patent-ineligible laws of nature or natural phenomena. On Dec. 16, 2014, the United States Patent and Trademark Office (“USPTO”) formally ...

There has been growing concern in Congress and the White House regarding patent licensing and patent litigation tactics utilized by patent trolls. The term “patent troll” generally refers to non-academic entities enforcing patents that they own, but do not put into practice. The House of Representatives recently approved the Innovation Act (H.R. 3309), aimed at curbing abusive behavior in patent litigation.

A recent decision of the United States Court of Appeals for the Federal Circuit exemplifies the continuing lack of clarity regarding what constitutes patent-eligible subject matter.

 

U.S. patent law, specifically 35 U.S.C. § 101, states that a patent may be obtained for “any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement ...

A recent decision of the United States Court of Appeals for the Federal Circuit exemplifies the continuing lack of clarity regarding what constitutes patent-eligible subject matter.

A recent Supreme Court opinion clarifies the patentability of genetic material. In the case of Association for Molecular Pathology et al. v. Myriad Genetics, Inc., et al., the Supreme Court unanimously held, on June 13, 2013, that a naturally occurring DNA segment is a product of nature and not patent eligible merely because it has been isolated. However, man-made complementary DNA (“cDNA”), having only the exon portions of a native DNA strand, is patent eligible because it is not naturally occurring. This article provides a summary of the Myriad case, followed by a brief tutorial on DNA for those interested in the science behind the case.

A recent decision of the United States Court of Appeals for the Federal Circuit exemplifies the continuing lack of clarity regarding what constitutes patent-eligible subject matter.

A recent Supreme Court decision reaffirms the right of patent owners to control self-replicating technology.

Monsanto Co. owns patents on RoundUp Ready® transgenic seeds. Monsanto licenses its technology to seed producers, who sublicense it to farmers. Under the license agreement, a farmer is limited to planting seeds in a single season. Monsanto claims that farmers who harvest ...

I am a big fan of the Game of Throne series by George R.R. Martin. In the series, the members of House Stark have a forbidding motto: Winter is Coming. A significant change is coming in the patent world as well, and those not prepared face the risk of being frozen out.

The Leahy-Smith America Invents Act (“AIA”) passed in 2011 has reformed America’s patent landscape and will continue to do so for the next several years. The various provisions of the AIA become effective on a staggered schedule, providing time for administrative bodies and the patent community to prepare for the changes.

As of September 16, 2012, one particularly noteworthy ...

Patent owners enjoy a private right of action against infringers. Patent owners have the right to bring legal action against one who directly infringes their claimed invention, that is, one who, without authorization, makes, uses, offers to sell, or sells a patented invention within the U.S., or imports a patented invention into the U.S. during the term of the patent therefor. Patent ...

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