Topic Archives: Supreme Court

Kirtsaeng v. John Wiley and Sons: Jet Lag and the First Sale Doctrine

The Supreme Court recently handed down its decision in Kirtsaeng v. John Wiley & Sons, a copyright exhaustion case concerning the sale of “gray-market” works published outside the United States and imported for sale.  In a surprisingly decisive 6-3 decision, … Continue reading

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Broad Covenant Not To Sue Does Away With Invalidity Counterclaims In Trademark Litigation

In Already LLC. v. Nike, Inc. the Supreme Court recently held that a broad covenant not to sue hinders defendant’s counterclaims of trademark invalidity. Therefore, by choosing to proffer a covenant not to sue, Nike eliminated any legal controversy between the parties such … Continue reading

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Are Human Genes Patentable? A Preview of Association for Molecular Pathology v. USPTO (“The Myriad Case”)

On April 15, 2013, the Supreme Court will hear the oral arguments for one of the most highly anticipated patent law cases of last year: Association for Molecular Pathology, Inc, et al. v. USPTO, et al. The one and only question before … Continue reading

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Bowman v. Monsanto: Patent Exhaustion and the Self-Replicating Invention

What’s the case about? The Doctrine of Patent Exhaustion holds that the authorized sale of a patented item extinguishes all of the patent holder’s rights to it.  Any subsequent use of that item by the purchaser is not infringement.  In … Continue reading

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Drafting Health Sciences Process Claims after Prometheus

The Supreme Court’s decision in Mayo v. Prometheus (2012) raised the 35 USC §101 bar on patentable process claims in the health sciences.  Prometheus’ patented processes adjusted the dosage of thiopurine, based on the concentration of drug metabolites in a … Continue reading

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