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New Rules Proposed on Gene Patenting

November 5, 2010 by · Comments Off
Filed under: law, Patent Articles 

The US Justice Department filed an Amicus Brief with the US Court of Appeals for the Federal Circuit that surprised many of the people that have been closely following the case (link to full brief here).  What surprised people was not that the brief was filed, but that it supported the party challenging the patents and goes against the policies of the US Patent and Trademark Office (USPTO) as well as decades of case law on the subject.

The Justice Department made the claim that human genes in their natural isolated state are unacceptable for patent protection because the genes are not human-made and thus are more akin to a discovery than an invention.  This brief has received its fair share of criticism.  While this will certainly have far-reaching effects on the bio-medical industry, it is not as far reaching as it may at first seem.  While the brief states that the Justice Department feels that patents shouldn’t be granted for isolated genes, many of the valuable patents dealing with genes actually refer to scientific processes or altered genes, which the Justice Department states should be able to receive patent protection.

Many of those who oppose the patenting of genes say that it will stifle the ability of new medical techniques, such as the ability of a person to have their personal genome read and reviewed for various diseases.  Proponents of gene patents claim that the ability to patent genes fosters innovation in the field by ensuring that those who do research will be compensated for their work.

Currently the USPTO is not following the opinion of the Justice Department as stated in their Amicus Brief, but with such a respected authority coming down on this side of the argument the industry is on very uncertain ground in their ability to receive patent protection in the coming years.

Virginia Patent Infringement Filings

May 18, 2009 by · Comments Off
Filed under: Patent Articles 

Below are recent patent infringement cases filed in the Virginia Eastern District Court and the Virginia Western District Court.

Promontory Interfinancial Network, LLC v. Double Rock Corporation et al

Date Docketed: Fri, 29 May 2009

Virginia Eastern District Court

DNT LLC v. Cricket Communications, Inc

Filed: Fri, 01 May 2009

Virginia Eastern District Court


Pregis Corporation v. John J. Doll

Filed: Thu, 30 Apr 2009

Virginia Eastern District Court


TecSec, Incorporated v. Microsoft Corporation

Filed: Wed, 22 Apr 2009

Virginia Eastern District Court


Promontory Interfinanical Network, LLC v. Double Rock Corporation et al

Filed: Tue, 14 Apr 2009

Virginia Eastern District Court


Tempur-Pedic Management, Inc et al v. Sealy Corporation

Filed: Tue, 24 Mar 2009

Virginia Western District Court


Monec Holding AG v. Apple Inc

Filed: Mon, 23 Mar 2009

Virginia Eastern District Court


Juniper Networks, Inc. v. Graphon Corporation et al

Filed: Mon, 16 Mar 2009

Virginia Eastern District Court


Orbusneich Medical Co. Ltd., BVI v. Boston Scientific Corporation

Filed: Mon, 16 Mar 2009

Virginia Eastern District Court


Tom Tom Global Assets B. V. v. Microsoft Corporation

Filed: Mon, 16 Mar 2009

Virginia Eastern District Court


Chemtura Corporation v. Albemarle Corporation

Filed: Thu, 12 Mar 2009

Virginia Eastern District Court


Netscape Communications Corp. v. Valueclick, Inc. et al

Filed: Fri, 27 Feb 2009

Virginia Eastern District Court


Becker Designed, Inc v. Wholesale Interiors Inc. et al

Filed: Fri, 27 Feb 2009

Virginia Eastern District Court


Mayfair Electronics, Inc v. LG Electronics USA, Inc

Filed: Tue, 24 Feb 2009

Virginia Eastern District Court


Humanscale Corporation v. CompX International Inc. et al

Filed: Fri, 13 Feb 2009

Virginia Eastern District Court


Spring & Associates, LLC v. Target Corporation

Filed: Wed, 11 Feb 2009

Virginia Eastern District Court


Heinz Kettler GMBH & Co., KG et al v. Italtrike et al

Filed: Tue, 10 Feb 2009

Virginia Eastern District Court


Erik B Cherdak v. Payless Shoesource Worldwide, Inc.

Filed: Wed, 04 Feb 2009

Virginia Eastern District Court


WIAV Solutions LLC et al v. Research in Motion, Ltd. et al

Filed Mon, 26 Jan 2009

Virginia Eastern District Court


DNT, LLc v. Sprint Nextel Corporation et al

Filed: Fri 09 Jan 2009

Virginia Eastern District Court


Charter Communications Operating, LLC et al v Verizon Communications, Inc et al

Filed: Wed, 31 Dec 2008

Virginia Eastern District Court


Mirage Innovations, Ltd. v. Nokia Corporation

Filed: Wed, 31 Dec 2008

Virginia Eastern District Court


Aaron Design, Inc v. Impact Merchandising, LLC

Filed: Wed, 31 Dec 2008

Virginia Eastern District Court


High Point Sarl v. Sprint Nextel Corporation et al

Filed: Mon, 29 Dec 2008

Virginia Eastern District Court

North Carolina Patent Infringement Filings

May 18, 2009 by · Comments Off
Filed under: Patent Articles 

Below are recent patent infringement cases filed in the North Carolina Eastern District Court, the North Carolina Middle District Court, and the North Carolina Western District Court.

Robert E. Houchin V. Gerald Hoyle et al

Filed: Fri, 08 May 2009

North Carolina Middle District Court

Equi-Tech Labs, Inc. v. Happy Trails Tack Shop

Filed: Tue, 28 Apr 2009

North Carolina Western District Court

Sandvik Intellectual Property AB v. Kennametal Inc.

Filed: Mon, 27 Apr 2009

North Carolina Western District Court

Newell Operating Company dba Amerock v. JVJ Maxwell, Inc

Filed: Mon, 20 Apr 2009

North Carolina Western District Court

Charlotte Pipe and Foundry Company v. J.P. Donmoyer, Inc.

Filed: Wed, 08 Apr 2009

North Carolina Western District Court

La-Z-Boy Greensboro Inc. v. H.T. Hackney, Co.

Filed: Mon, 30 Mar 2009

North Carolina Middle District Court

Endura Products, Inc v. Columbia Aluminum Products, LLC

Filed: Mon, 09 Mar 2009

North Carolina Middle District Court

Armacell Enterprise, GMBH et al v. K-Flex USA, LLC et al

Filed: Fri, 06 Mar 2009

North Carolina Eastern District Court

Asics America Corporation v. Akeva, LLC

Filed: Sat, 21 Feb 2009

North Carolina Middle District Court

Robert E. Houchin v. Triple S. Internet Café & Business Center et al

Filed: Tue, 10 Feb 2009

North Carolina Middle District Court

Domestic Fabrics Corporation v. Levi Strauss & Co

Filed: Wed, 28 Jan 2009

North Carolina Eastern District Court

Morris & Associates, Inc. v. Cooling & Applied Technology, Inc. et al

Filed: Thu, 22 Jan 2009

North Carolina Eastern District Court

Barnhardt Manufacturing Co. V. Illinois Tool Works

Filed: Wed, 31 Dec 2008

North Carolina Western District Court

Ronald Carter et al v. Emmanuel Ozoeneh et al

Filed: Tue, 30 Dec 2008

North Carolina Western District Court

Kinetic Concepts, Inc. et al v. Convatec Inc. et al

Filed: Thu, 18 Dec 2008

North Carolina Middle District Court

Precision Links, Inc v. Home Depot USA, Inc. et al

Filed: Mon, 15 Dec 2008

North Carolina Western District Court

Plastics Molding and Design Plus, LLC v. K.B. Socks, Inc.

Filed: Wed, 10 Dec. 2008

North Carolina Western District Court