Justices hear argument on burden of proof in patent declaratory judgment suit

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.

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.

(Westlaw users: Click here for more stories from Westlaw Journal Intellectual Property.) (more…)

Celebrating 50 years of Derwent World Patents Index® (DWPI℠)

RETERS/Amit Dave

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.”

Read more.

Legal Solutions blog weekly roundup

REUTERS/Yannis Behrakis

Here’s a quick check-in with our friends over at the Legal Solutions blog to see what’s been going on in the legal world this past week: (more…)

U.S. wins dismissal of patent suit over Defense Department’s use of medical device

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.

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.

(Westlaw users: Click here for more stories from Westlaw Journal Government Contract.) (more…)

Comprehensive Conference Coverage with Cortellis for Competitive Intelligence

Our global conference coverage team is made up of scientific specialists and industry professionals. They understand you want comprehensive coverage and you want it now. Which is why we promise to deliver full reports within 28 days of a conference ending — but average 14. Be the first to act on the latest drug pipeline and patents information — with broad conference coverage from Cortellis for Competitive Intelligence.

Learn more.

Supreme Court grapples with patentability of human genes

Can human genes be patented?  That is the complex question the Supreme Court wrestled with during oral argument April 15.

The resolution of the question is likely to have an impact far beyond the immediate case before the court, some legal experts say.

(Westlaw users: Click here for more stories from Westlaw Journal Intellectual Property.) (more…)

2012 State of Innovation report

state of innovation

Innovation and change have always been key components of any successful company. You need to be different if not ground-breaking in order to get ahead. The 2012 State of Innovation tracks who’s leading the way in patent activity using the Thomson Reuters Derwent World Patents Index database.

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.

Read the full story at

An inside look at Apple’s patent portfolio

An Inside Look at Apple’s Patent Portfolio

What will future incarnations of the Apple iPhone reveal?

A new Thomson Reuters report, Inside the iPhone Patent Portfolio, details patent and litigation activity across Apple’s 1,298 mobile patents and provides insight into the company’s innovation roadmap.

The following are among the key findings in the report: (more…)

Merck asks Supreme Court to review ‘reverse payment’ decision

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.

(Click here for the petition on Westlaw.)

Merck argues that the decision by the 3rd U.S. Circuit Court of Appeals creates a split among the courts of appeal and casts doubt on the validity of pharmaceutical patent settlements. (more…)

Scientists Want High Court to Resolve Federal Circuit Precedence Conflict

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.

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…)