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Federal Circuit Affirms District Court Decision Finding Claim Covering Method for Gene Detection Is Directed to Unpatentable Subject Matter
On April 8, 2016, a Federal Circuit panel of Judges Prost, Dyk and Taranto issued a unanimous opinion, authored by Judge Dyk, in Genetic Tech. Ltd. v. Merial LLC. et al., Case Nos. 2015-1202 and 2015-1203. The panel affirmed the district court's grant of appellees' motions to dismiss for failure to state a claim, and judgment that the claims at issue are ineligible for patenting under 35 U.S.C. '101.
Appellant Genetic Technologies Limited (GTG) sued various parties including appellees Merial LLC. (Merial) and Bristol-Myers Squibb (BMS) for infringement of U.S. Patent No. 5,612,179 (the '179 patent) in the United States District Court for the District Court of Colorado. The case against Merial and BMS was subsequently transferred to the District of Delaware. Judge Stark granted appellees' motions to dismiss for failure to state a claim and entered final judgement that the asserted claims are directed to unpatentable subject matter. GTG appealed to the Federal Circuit.
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Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Removing Restrictive Covenants In New York
In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?