Posts Tagged: Judge Bryson


Certificate of Correction Changing a Chemical Structure Does Not Affect Validity of Patent

The sole modification in the figure amended was to change one of the 13 amino acids in the structure of daptomycin from an L-stereoisomer to a D-stereoisomer of …

Third-Party Use of Similar Marks Relevant to Strength of Opposer’s Trademark

The Federal Circuit explained that evidence of third-party use bears on the strength or weakness of an opposer’s mark. In this case, which arose as an …

Court Reverses Indefiniteness Under Nautilus; Design Patents for Surgical Shears are Valid

Ethicon sued Covidien in the Ohio district court for infringement of utility and design patents directed to ultrasonic surgical shear devices. The court granted Covidien’s motions …

Safeway defeats Kroy IP Holdings on summary judgment in EDTX patent case

After two and a half years of hard-fought litigation, Kroy IP Holdings has been defeated in a patent case brought against grocery retailer Safeway, Inc. In two …

Apple, Samsung Get to Keep Financial Documents Confidential

Last week the United States Court of Appeals for the Federal Circuit issued a decision in the latest appeal in the Apple/Samsung epic patent battle. See …
By Gene Quinn 2 years ago 4

Federal Circuit Panel Rehears ACLU, Myriad Gene Patent Case

Although predictions on the outcome of an unusual case such as this are probably worthless, I think that it is most likely that this panel will rule …
By Ryan Chirnomas 4 years ago 8

Myriad: Isolated DNA claims from “ball bats in trees,” and “kidneys” to “magic microscopes.”

The basic argument in Myriad is whether DNA that is isolated from the chromosomes is statutory subject matter, or whether it is a product of nature. The …
By Mary Beth Tung 4 years ago 95

Throwing Down the Gauntlet: Rader Rules in Utramercial that Breadth and Lack Specificity Does Not Make Claimed Method Impermissibly Abstract*

Some will undoubtedly view the Chief Judge’s basis in Ultramercial for distinguishing the ruling in CyberSource as being “slight of hand” and using “mirrors,” but it …
By Eric Guttag 4 years ago 25

As Predicted, Federal Circuit Rules Isolated DNA Patentable

After much anticipation, the United States Court of Appeals for the Federal Circuit earlier today issued a decision in Association for Molecular Pathology v. Myriad Genetics. The …
By Gene Quinn 5 years ago 8

Supreme Court Accepts Appeal on Patented Medical Diagnostics

Earlier today the United States Supreme Court granted certiorari in Mayo Collaborative Services v. Prometheus Laboratories, Inc., which sets up another foray into the patent eligible subject …
By Gene Quinn 5 years ago 5

Reviewing the ACLU and Myriad Oral Arguments at the CAFC

The ACLU lead plaintiffs have a real predicament relative to standing. It does not sound as if the Federal Circuit believed any single plaintiff could satisfy both …
By Gene Quinn 5 years ago 8

The Impact of the CAFC’s Joint Infringement Conundrum on Protecting Interactive Technologies

The conundrum created by the Federal Circuit’s joint infringement doctrine and its impact on protecting interactive computer-based technologies got worse last week with McKesson Technologies, Inc. …
By Eric Guttag 5 years ago 19