Federal Circuit Holds that Importing Data is Not Patent Infringement
December 01, 2003
It is no secret that more than a few biotech and pharmaceutical companies perform drug discovery offshore and then import the results. Holders of U.S. patents on drug discovery tools (such as molecular screening methods) have wondered for years whether data or drugs resulting from such activities constitute a "product made" under The Process Patent Amendments Act of 1988 (the "Act"). The Court of Appeals for the Federal Circuit ("Federal Circuit") — in a setback to the U.S. drug discovery industry — has now held that they do not. <i>See Bayer AG v. Housey Pharm., Inc.,</i> 340 F.3d 1367 (Fed. Cir. 2003).
Avoiding Common Misperceptions and Mistakes in Patent License Agreements
December 01, 2003
Negotiating and drafting the terms of a patent license can be difficult, contentious, and time consuming, especially when the parties are in a hurry to proceed with the broader business venture of which the license is but one part. However, those who decide to skip or skimp on the troublesome details of license drafting will often later face the consequences of a poorly thought-out license relationship — consequences that are significantly more troublesome and costlier than the burden of thoroughly and accurately documenting the intended terms of the relationship at the outset. Even more frustrating is the experience of drafting a license that diligently attempts to address the business or legal issues thought to be important at the outset of the license relationship, only to discover later that a crucial (but possibly latent) problem was overlooked or inadequately addressed.
Add Inter Partes Re-Examination to Your Patent Infringement Defense
December 01, 2003
Inter partes re-examination can stop patent litigations dead in their tracks. The procedure often leads to narrowing or even cancellation of the patent claims. Practitioners may shy away from inter partes re-examination because it is considered an unsatisfactory substitute for the courtroom when seeking to prove invalidity. However, many may be overlooking that when it comes to proving noninfringement, inter partes re-examination has tremendous value.
Supreme Court Hands Arbitrators the Keys to the Class Action
December 01, 2003
A plurality of the U.S. Supreme Court ruled that an arbitrator must decide whether class action arbitration in a consumer action is authorized. <i>Green Tree Financial Corp. v. Bazzle</i>, 123 S.Ct. 2402, (June 23, 2003). Four Justices concluded that whether or not the contracts forbid class arbitration is a disputed issue of contract interpretation and that such a dispute must be decided by an arbitrator. Justice Stevens concurred in the judgment. This decision is likely to directly impact the arbitration of statutory discrimination claims as well as other employment arbitrations. The question is in what ways and to what effect.
Employment Protections for the Citizen-Soldier
December 01, 2003
Throughout its history, the United States has opposed a standing professional military. Instead, our nation has structured its armed forces so that our national security heavily relies upon reservists, particularly after Vietnam. Since 9/11 alone, nearly 200,000 reservists have been mobilized, with thousands more expected to be so. And many of those reservists who completed their initial mobilization were later remobilized for a second time. In a dramatic departure from the past, the Defense Department has begun deploying Guardsman to such places as the Balkans, the Sinai, Iraq, and almost everywhere else the regular forces go.
Bugs in the Office
December 01, 2003
Consider the following situation: An employee anticipates that his employment is about to be terminated, for what he believes to be discriminatory or otherwise unlawful reasons. After consulting with an attorney, he decides to tape-record conversations with his supervisors, in the hopes of recording a "smoking gun" comment. A short time later, the employee is terminated, and he later commences litigation in federal court against his employer.
Litigation
December 01, 2003
Recent rulings of importance to you and your practice.
