Currently viewing the tag: "patent invalidity"

What to Expect After Teva v. Sandoz?

On February 18, 2015 By Emily Gabranski

Less than a month ago, the Supreme Court reversed the Federal Circuit’s en banc decision in Teva v. Sandoz, holding that the Court of Appeals must apply a “clear error” standard of review to all factual findings made in patent claim construction. The proper standard of review has been hotly debated for sometime, [...]

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Monday Morning JETLawg

On January 27, 2014 By Bradlee Edmondson

Patent Eligibility Symposium Wrap-Up

On Friday, Jan. 24, 2014, JETLaw hosted its 2013-2014 symposium, Patents 101: From Computer Code to Genetic Codes, focusing on what, exactly, is eligible for patent protection. Chief Judge Randall Rader of the Federal Circuit delivered the keynote address, and panels addressed software patents, gene patents, and principles of patent [...]

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Typically in patent litigation, the patent holder bears the burden of proving that the defendant infringed.  The Federal Circuit recently created a limited exception to that rule in Medtronic, Inc. v. Boston Scientific Corp. (Fed. Cir. 2012) (PDF). It held that when a licensee in good standing seeks a declaratory judgment of non-infringement, [...]

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