Biotech licensor should know misuse doctrine; common biotech transfers are less likely to violate antitrust law now, but questions remain
Article Abstract:
The Court of Appeals for the Federal Circuit in B. Braun v. Abbott Laboratories & NP Medical, Inc. reversed a district court decision that found resale restrictions to be patent misuse. The patent misuse doctrine started as a defense to a patent infringement claim. Braun is important in the biotechnology field because many common licensing strategies provide patented material from licensor to licensee. Alternatively, a series of patented reagents will be provided for use in a particular field. The Braun decision indicates that such restrictions would not necessarily be struck down as patent misuse.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1998
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IP bar backs airline in high court patent case; group says inventor was not entitled to a jury in reservation system lawsuit
Article Abstract:
The American Intellectual Property Law Assn filed an amicus brief in a case the Supreme Court on June 5, 1995, agreed to hear concerning the right to a jury trial. Inventor Lawrence B. Lockwood claims American Airlines (AA) infringed two of his patents in its computerized reservation system, and AA sought a declaratory judgment. Lockwood's petition for a jury trial was denied, but the US Federal Court of Appeals reversed. The IP group says it supports AA's claims regarding right to a jury trial, and says its chair's position as lead counsel for AA is irrelevant.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1995
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U.S. is unifying utility requirements: proposed regulations focus on some of the problems faced in obtaining biotechnology patents
Article Abstract:
Biotechnology patents are essential for obtaining research capital and yet the new patent term of 20 years begins when the patent application is filed rather than on approval, a process that often takes more than three years. However, the Patent and Trademark Office is responding to these concerns by reducing the standard for utility from proof beyond a reasonable doubt to credibility. Therefore, the onset of human clinical trials is enough evidence of utility, allowing biotechnology firms to reduce the time before a product is released on the market.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1995
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