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Federal Circuit decides human genes are patentable
Intellectual property lawyers say the biotech field dodged a bullet with a recent ruling by the U.S. Court of Appeals for the Federal Circuit finding human genes are patentable.
10-1335 EdgeNet, Inc., v. Home Depot, U.S.A., Inc.
Intellectual Property Copyright; breach
10-290 Microsoft Corp. v. i4i Limited Partnership
Intellectual Property Patent infringement; invalidity defense Section 282 of the Patent Act of 1952 requires an invalidity defense to be proved by clear and convincing evidence. The Court rejects Microsoft’s contention that a defendant need only persuade the jury of a patent invalidity defense by a preponderance of the evidence. Where Congress has prescribed the […]
10-2144 Ho v. Taflove
Intellectual Property Copyright; mathematical equations Mathematical equations cannot be copyrighted. “On appeal, Professor Ho and Ms. Huang maintain that there are numerous ways to express the Model and therefore that, as a consequence, the merger doctrine does not apply. The plaintiffs, however, failed to support sufficiently this argument before the district court in their summary […]
09-1159 Board of Trustees of the Leland Stanford Junior University v. Roche Molecular Systems, Inc.
Intellectual Property Patents; federal contractors The Bayh-Dole Act does not automatically vest title to federally funded inventions in federal contractors or authorize contractors to unilaterally take title to such inventions. Section 202(a), which states that contractors may “elect to retain title,” confirms that the Act does not vest title. Stanford reaches the opposite conclusion,[...]
10-6 Global-Tech Appliances, Inc., v. SEB S.A.
Intellectual Property Patents; induced infringement Induced infringement under 35 U.S.C. 271(b) requires knowledge that the induced acts constitute patent infringement. Induced infringement was not considered a separate theory of indirect liability in the pre-1952 case law, but was treated as evidence of “contributory infringement,” i.e., the aiding and abetting of direct infringement by anoth[...]
10-2863 Eva’s Bridal, Ltd., v. Halanick Enterprises, Inc.
Intellectual Property Trademarks; naked licensing Where the holder of a trademark exercised no control over the appearance and operations of a licensee’s business, the trademark is abandoned. “How much control is enough? The licensor’s self-interest largely determines the answer. Courts are apt to ask whether ‘the control retained by the licensor [is] sufficient under the […]
Patent Office pilot programs slowly ease backlog (UPDATE)
Over the past two years, patent attorneys have seen marked differences in the way patent applications are handled, and how a backlog of 700,000-plus filed patent applications are being tackled, by the U.S. Patent and Trademark Office.
Bio mechanics
Joshua M. Koch is a real Boy Scout. The civil litigator at Arndt, Buswell & Thorn in Sparta highlights his Eagle Scout award in his online firm biography. Koch also advertises his love of hunting and fishing, personal tidbits which often prove useful in connecting with clients, especially in northern Wisconsin.
10-2327 Nightingale Home Healthcare, Inc., v. Anodyne Therapy, LLC
Intellectual Property Lanham Act; attorney fees A case under the Lanham Act is “exceptional,” in the sense of warranting an award of reasonable attorneys’ fees to the winning party, if the losing party was the plaintiff and was guilty of abuse of process in suing, or if the losing party was the defendant and had […]
09-3379 Stayart v. Yahoo! Inc.
Intellectual Property Trademark infringement; standing Before a plaintiff may assert a claim under the Lanham Act, she must have a commercial interest to protect. “Relying on cases in other circuits, Stayart argues that because her activities include advocacy and boycotts she is engaged in ‘services’ and ‘commercial activities’ and therefore has standing to pursue her[...]
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- Wisconsin lawyers file University of Wisconsin public records request seeking answers to protests
- Wisconsin Supreme Court issues orders amending Supreme Court rules and Wis. Stats.
- EXCLUSIVE: Former Milwaukee ‘big law’ partner attacks news media for bias against Trump
- Former Milwaukee election official fined for obtaining fake absentee ballots
- Contract dispute prevents airing of 15 regional sports networks, impacts Brewers
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- Gov. Evers seeks applicants for Sheboygan and Green County Sheriffs
- North Carolina man who harbored Nazi memorabilia and attacked Black and Latino men sentenced to 41 months
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- Amended complaint filed in federal court against State Bar of Wisconsin seeks punitive damages
- United Healthcare suit against cancer drug distributor time-barred
- Trump’s Wisconsin visit warns of jail time if he violates a trial gag order
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