Gene Patents Invalid?...Stay Tuned

On March 29, 2010, a federal court judge held that gene patents claiming the breast cancer markers BRCA1 and BRCA2 (owned by Myriad Genetics) are invalid under the US Patent Act, on grounds that the patent claims are directed to "products of nature", which are unpatentable.

Google Avoids Liability for Trademark Adwords

Once again, Google has dodged a bullet. On March 23, 2010, the Court of Justice of the European Union (ECJ) held that Google is not liable for trademark infringement, when it sells trademarks owned by third parties as part of its Google Adwords program.

Recalculating Patent Term Adjustments

On January 26, 2010, the Director of the United States Patent and Trademark Office (USPTO), David J. Kappos, published notice of an interim procedure for patent owners to request recalculation of the patent term adjustment that is automatically made upon issuance of new patents. The notice was intended to provide patent owners with the opportunity to request recalculation of the patent term adjustment, based on the recent decision by the US Court of Appeals for the Federal Circuit in the case of Wyeth v. Kappos, (Fed. Cir. 2010, 10-1120).

Patent False Marking: the Stakes are Raised
Saturday, 02 January 2010 02:45

Patent owners now will pay much closer attention to the products they mark with their patent numbers or the phrase "patent pending". On December 28, 2009, the US Court of Appeals for the Federal Circuit, which decides all patent appeals in the US, handed down a decision that put patent owners on notice of the huge potential cost for mistakenly (or purposefully) mis-marking their products. The decision has sparked a rash of new lawsuits against patent owners by plaintiffs asserting false marking.


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