Tag Archives: Supreme Court

Same-Day Continuing Applications are Co-pending under s. 120

The outcome of this question of statutory construction was not really in doubt, given the fact that an adverse holding could invalidate thousands of patents which needed same-day copendency to avoid intervening prior art. Immersion Corp. v. HTC Corp., Appeal no. … Continue reading

Posted in Statutory Interpretation | Tagged , , , , , , , , | Leave a comment

Justice Breyer to Diagnostic Test Patentees – “Abandon Hope All Ye Who Enter Here.”

Kevin Noonan recently posted an article entitled “The Fantastical World of Justice Stephen Breyer” that demonstrates, via Breyer’s quotes during various oral arguments, his suspicion that the patent system is, for example, issuing broad, hard to understand, claims that lead … Continue reading

Posted in Patentable Subject Matter | Tagged , , , , , , , , , , , | Leave a comment

Genetic Technologies Affirms Ariosa/Myriad With An Introduction By The Sequenom Petition for Cert.

On April 1st, Lilly filed an amicus brief in favor of Sequenom’s petition for cert. seeking to reverse Ariosa, that caused a lot of buzz in the IP community. (A copy is available at the end of this post.) To … Continue reading

Posted in Patentable Subject Matter | Tagged , , , , , , , , | 1 Comment

Happy Birthday to Us! We are 7 Years Old!

In fact, Patents4Life’s birthday was in late March of 2009, but the earliest posts were short papers I wrote for an IP newsletter that no longer exists. However, the s. 101 storm clouds were gathering even then. One article (in … Continue reading

Posted in Miscellaneous | Tagged , , , , , , , | 2 Comments