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.

Interpretation and construction, Laws, regulations and rules, Antitrust law, Technology transfer

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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.

Business services, not elsewhere classified, All Other Travel Arrangement and Reservation Services, Airline Reservation Services, Cases, Airlines, Reservation systems, Airline reservations, Jury, Juries, American Intellectual Property Law Association

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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.

Biochemistry, Research and Development in the Physical, Engineering, and Life Sciences

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