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Federal Circuit and Advisory Council Model Orders

On July 22, 2013, a model order relating to the number of asserted claims and prior art references in patent litigations was released on the Federal Circuit Advisory Council’s webpage. The order required that in the first phase, plaintiffs must select 10 claims per patent, and 32 claims total, 40 days after production of “core” …

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ITC Pilot Program to Promote Early Adjudication of Dispositive Issues

On June 24, 2013, the International Trade Commission (ITC) announced that it will launch a pilot program for early adjudication of potentially-dispositive issues in Section 337 investigations. This pilot program is part of the Commission’s ongoing efforts to streamline the investigation procedures to reduce the cost of investigations and to expedite the process. Under the …

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Myriad and Patenting of the Human Gene

The June 2013 Supreme Court decision in Association for Molecular Pathology v. Myriad Genetics, 569 U.S. 12-398 (2013) which considered whether portions of human genes may be patented, fueled an extraordinary amount of heated discussion for an intellectual property case. The patents at issue in Myriad concern mutated genes associated with increased risk of breast and …

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Claim Construction & Disclaimer –Federal Circuit Sides with the University of Minnesota

07/01/2013 In Regents of the University of Minnesota v. AGA Medical Corp., No. 12-1167 (Fed. Cir. June 3, 2013), the Federal Circuit affirmed the district court’s partial dismissal of a suit brought by the University of Minnesota (“the University”) alleging that AGA Medical Corp. (“AGA”) infringed the University’s medical devices patents. The University’s patents cover …

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IP License Agreements Under the AIA

Over the past few years, there has been an ongoing subject matter jurisdiction battle between state courts and federal circuit courts. This jurisdiction battle is especially prevalent in cases where a complaint asserts a non-patent cause of action with an underlying patent issue, such as disputes over intellectual property licensing or malpractice claims. In most …

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