Patent Law

  • Read more: Laws and Facts of Patent Eligibility and Medical Diagnostics

    Laws and Facts of Patent Eligibility and Medical Diagnostics

    This post is part of our Eighth Annual Health Law Year in P/Review symposium. You can read all of the posts in the series here. Review the conference’s full agenda and register for the event on the Petrie-Flom Center’s website. By Jacob S. Sherkow For this year’s Health Law Year in P/Review, I’ll be talking…

    U.S. Patent and Trademark Office building
  • Read more: USMCA Agreement and the Remedies for Patent Infringement

    USMCA Agreement and the Remedies for Patent Infringement

    There are several issues with the proposed U.S.-Mexico-Canada trade agreement on drug pricing, including that it both will lock in bad features of current laws, and is inconsistent with U.S. law.

    A graphic that reads "United States Mexico Canada Agreement"
  • Read more: Sequenom vs. Ariosa and international approaches to the patent eligibility of biomedical innovation

    Sequenom vs. Ariosa and international approaches to the patent eligibility of biomedical innovation

    By Timo Minssen With a potential petition for writ of certiorari in the Sequenom v. Ariosa case approaching, it appears as if the US Supreme Court  will once again have to consider crucial patent eligibility questions with a great significance for biomedical innovation and diagnostic methods. The claims at issue (see U.S. Patent No. 6,258,540 ) are directed to methods of genetic testing by detecting and…

  • Read more: Patent Law, Expertise, and the Court of Appeals for the Federal Circuit

    Patent Law, Expertise, and the Court of Appeals for the Federal Circuit

    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…