Tag Archives: Standing

Federal Circuit Finds Consumer Watchdog Lacks Standing To Appeal Reexamination Decision Upholding WARF Stem Cell Patent

In Consumer Watchdog v. Wisconsin Alumni Research Foundation, the Federal Circuit held that an inter partes reexamination requester must establish an injury in fact sufficient to confer Article III standing in order to appeal a decision of the Patent Trial and Appeal Board to the Federal Circuit. This decision may discourage some parties from instituting inter … Continue reading this entry

Federal Circuit Holds That Purchaser Has Standing To Bring Walker Process Antitrust Claim

In Ritz Camera & Image, LLC v. Sandisk Corp., the Federal Circuit held that a direct purchaser of a patented product has standing to bring a Walker Process antitrust claim, even if it does not have standing to bring a declaratory judgment action to invalidate the patent. The case reached the court on an interlocutory … Continue reading this entry

Federal Circuit Looks At Requirements For Declaratory Judgment Jurisdiction

In 3M Co. v. Avery Dennison Corp., the Federal Circuit vacated and remanded the district court’s decision to dismiss 3M’s declaratory judgment action for lack of jurisdiction. Although the Federal Circuit did not render a decision in this case, its analysis sheds light on a scenario that might support declaratory judgment jurisdiction.… Continue reading this entry

Myriad Calls ACLU Bluff On Standing

As I wrote yesterday, the ACLU filed a Petition for Panel Rehearing in Association for Molecular Pathology v. USPTO, also known as the ACLU/Myriad “gene patenting” case, alleging factual and legal errors in the court’s July 29, 2011 decision on both the standing issue and the patent-eligibility issue. I was not impressed by the ACLU’s standing … Continue reading this entry

ACLU Files Petition For Panel Rehearing In Myriad

As reported by Kevin Noonan on Patent Docs, plaintiffs-appellees (e.g., the ACLU) have filed a Petition for Panel Rehearing in Association for Molecular Pathology v. USPTO, also known as the ACLU/Myriad “gene patenting” case. The Petition alleges factual and legal errors in the court’s July 29, 2011 decision on both the standing issue and the patent-eligibility … Continue reading this entry

Federal Circuit Takes A Close Look At Patent Assignment Language

In MHL Tek, LLC v. Nissan Motor Co., the Federal Circuit took a careful look at patent assignment language and determined that an earlier assignment encompassed all asserted patents, and so the later assignment to the plaintiff was ineffective, leaving the plaintiff with no standing. The Patents At Issue The three patents at issue name … Continue reading this entry

Federal Circuit Issues Mixed Decision On Myriad Claims

On July 29, 2011, the Federal Circuit issued its decision in Association for Molecular Pathology v. USPTO, also known as the ACLU/Myriad “gene patenting” case. In a mixed decision, the court held that “isolated DNA” claims are patent-eligible under 35 USC § 101, but that the “comparing” or “analyzing” method claims are not. With a … Continue reading this entry

Federal Circuit Hears Oral Arguments in Myriad

On April 4, 2011, Judges Lourie, Bryson and Moore at the U.S. Court of Appeals for the Federal Circuit heard oral arguments in Association for Molecular Pathology v. USPTO, also known as the ACLU/Myriad “gene patenting” case. This case has garnered extraordinary attention from the biotech, pharmaceutical, and health care industries, from academic and government … Continue reading this entry

The Federal Circuit Solidifies The Future For Subsequent ANDA Litigation

In Teva Pharmaceuticals USA, Inc. v. Eisai Co., Ltd., the Federal Circuit addressed complicated subject matter jurisdiction issues in the context of a declaratory judgment (DJ) action that was brought in accordance with the Hatch-Waxman Act by a subsequent ANDA filer. The court determined that the DJ action should proceed, even though the patent owner could not have brought an … Continue reading this entry