Wednesday, August 24, 2011

Federal Circuit -- GENETICS INSTITUTE, LLC. .V NOVARTIS VACCINES AND DIAGNOSTICS, INC.

GENETICS INSTITUTE, LLC. .V NOVARTIS VACCINES AND DIAGNOSTICS, INC.

Despite precedent suggesting lack of jurisdiction over disclaimed patents in an action alleging interference, the logic doesn't apply to expired patents in a similar action, as holders of expired patents hold some rights.

Patent term extension in S156 does not apply on a claim-by-claim basis.

Much ado about the obviousness of protein patents, absolutely none of which is obvious to TMB at two in the morning.




Compiled by D.E. Frydrychowski, who is, not incidentally, not giving you legal advice.

Category tags above are sporadically maintained Do not rely. Do not rely. Do not rely.

Author's SSRN page here.