The U.S. Supreme Court is poised to decide which party has the burden of proof when a party files a declaratory judgment action in a patent case.
13 Nov 2013Deborah Nathan
The high court heard oral argument Nov. 5 by Medtronic Inc. and Boston Scientific Corp., debating whether a licensee filing a declaratory judgment has the burden to prove that its products do not infringe the patents at issue, or whether the patent owner bears the burden of proof that they do.
We are in the middle of a yearlong celebration honoring the 50th anniversary of Derwent World Patents Index® (DWPI℠), a proprietary database of global patent information. Originating in 1963, the Thomson Reuters DWPI database enables professionals to more easily research and understand the world’s innovations through a comprehensive database of more than 23 million inventions detailed in more than 50 million patent documents.
Fifty years ago, Monty Hyams, the now 95-year-old founder of what is today known as DWPI, took on the labor-intensive job of patent research for his customers after he saw them going to the patent office, reading through the patents and classifying them. He realized, “If I can do this, they don’t have to.”
The U.S. Court of Federal Claims has dismissed a patent infringement lawsuit brought by three companies that claim the Defense Department has been using their patented medical imaging invention without permission.
08 Jul 2013Catherine Tomasko
Judge Edward J. Damich said NeuroGrafix, Neurography Institute Medical Associates Inc. and Image-Based Surgicenter Corp. lack standing to pursue their suit against the government.
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Patents are really a proxy for innovation. Inventive ideas that are unprotected can’t be successfully commercialized. Therefore, by looking at patent activity, one gets a true picture of the innovative landscape, regardless of how commercially successful an invention is.
Pharma giant Merck & Co. is asking the U.S. Supreme Court to review a federal appeals court’s decision that payments by pharmaceutical companies to generic-drug manufacturers to delay the arrival of less expensive medicines should be viewed as evidence of an unlawful restraint of trade.
Decisions about patentability in cases before the Federal Circuit are based not on the merits of a patent but on which judges happen to hear the appeal, a group of scientists says in a petition to the U.S. Supreme Court.
29 Aug 2012Deborah Nathan
According to the professors at the Yale University School of Medicine and the University College London Medical School, the Supreme Court must resolve an internal conflict in the Federal Circuit that results in the appeals court’s inconsistent adherence to high court precedent. (more…)