HLS Health Law Workshop: Jessica Roberts September 21, 2015 5:00 PM Hauser Hall, Room 102 Harvard Law School, 1575 Massachusetts Ave, Cambridge MA Download the paper: “Theories of Genetic Ownership” Jessica L. Roberts is the Director of the Health Law and Policy Institute and an Associate Professor of Law at the University of Houston Law…
By Christopher Robertson This week, my colleague Derek Bambauer will speak as part of the Regulatory Science series at the University of Arizona. Free CLE attendance form and readings are available. Tune in at 12:00pm (Pacific) / 3:00pm (Eastern) on Wed Sept 16. https://streaming.biocom.arizona.edu/event/?id=26071 The talk will also be archived at the same link.
By Rachel Sachs Regular readers of this blog will recall that I often think and write about the interaction between the induced infringement doctrine in patent law and medical method patents of various kinds (previous blog posts are here and here). Until the recent en banc decision in Akamai v. Limelight, courts had been extremely…
By Rachel Sachs Yesterday, the Court of Appeals for the Federal Circuit issued a unanimous en banc ruling in Akamai v. Limelight, altering the reach of patent liability for induced infringement of a method claim under 35 U.S.C. § 271(b). This is the second time the en banc court has considered Akamai. Three years ago,…
By Zachary Shapiro Since its creation in 1982, the Court of Appeals for the Federal Circuit (CAFC) has been a magnet for controversy and criticism. While I do not align myself with those critics, it would be foolish to not acknowledge the problems that are present with the CAFC. For instance, for the vast majority…
By Rachel Sachs This morning, the House of Representatives passed the 21st Century Cures Act by a vote of 344-77, achieving a truly bipartisan result in a difficult political environment. (I’ve blogged about the Act several times now, and the House Energy & Commerce Committee has a clear section-by-section summary here.) There is much to…
By Timo Minssen I am pleased to announce our recent paper entitled “The Impact of Broccoli II & Tomato II on European patents in conventional breeding, GMO’s and Synthetic Biology: The grand finale of a juicy patents tale?”, which is available on SSRN, and forthcoming in Biotechnology Law Report, Vol. 34, Number 3 (June 2015), pp. 1-18.…
By Rachel Sachs On Friday, the Court of Appeals for the Federal Circuit affirmed the district court’s judgment of invalidity of several claims in Sequenom’s diagnostic method patent on the grounds that they were not directed to patent-eligible subject matter under the relevant section of the Patent Act, 35 U.S.C. § 101. The case, Ariosa…
By Rachel Sachs On Tuesday, the Supreme Court issued its opinion in Commil USA, LLC v. Cisco Systems, Inc., in which it held that a defendant’s belief that a patent is invalid is not a defense to induced infringement of that patent under 35 U.S.C. § 271(b). Four years ago, in a case called Global-Tech,…
By Arthur Caplan A new piece by David Farber, Preeya Noronha Pinto, Bill of Health contributor Arthur Caplan, and Alison Bateman-House the Health Affairs blog: Over the past year, state Right-to-Try (RTT) laws that claim to enable terminally ill patients to access unapproved, experimental drugs, biologics, and devices have swept the nation. As of early May, seventeen states have enacted…
