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4 Jun 9:56 pm by Patent Docs
By Kevin E. Noonan -- The Federal Circuit clarified the role of the written description requirement in interference practice today in an opinion by Judge Rader, one of the Court's most severe critics of its written description jurisprudence. Unlike the situation where the written description requirement is used to invalidate patents (which is the subject of a petition for en banc review in Ariad v. Eli Lilly), Judge Rader's decision confirms that the written description requirement is ...
Patent Docs - http://patentdocs.typepad.com/patent_docs/
18 Dec, 2007 8:15 pm by Donald Zuhn
By Jason Derry -- Affymetrix Inc. has announced today that it will acquire USB Corporation for approximately $75 million. USB develops and sells molecular biology products, biochemical reagents, and DNA sequencing reagents, including enzymes and kits for molecular biology research applications. Affymetrix is a leader in the field of microarray...
Patent Docs - http://patentdocs.typepad.com/patent_docs/
2 Jan, 2008 9:46 pm by Donald Zuhn
By Donald Zuhn -- On December 21, 2007, Illumina, Inc. announced that the U.S. Patent and Trademark Office had ordered the reexamination of U.S. Patent Nos. 6,355,432; 6,646,243; 5,545,531; and 5,795,716. The patents ordered into reexamination constitute four of the five patents that Affymetrix, Inc. asserted against Illumina in an...
Patent Docs - http://patentdocs.typepad.com/patent_docs/
15 Mar, 2007 1:44 am
Business Wire reported that the United States District Court for the District of Delaware returned a verdict in favor of Affymetrix in its patent infringement suit against Illumina Inc. According to Business Wire, the jury found that Illumina's arrays, scanners,...
California Biotech Law Blog - http://www.californiabiotechlaw.com/
2 Jul 11:42 am by Justin E. Gray
Agilent Techs., Inc. v. Affymetrix, Inc. (Fed. Cir. Jun. 4, 2009) In this case, the district court (Northern District of California) awarded priority to Affymetrix in an interference between Agilent and Affymetrix brought under 35 U.S ... .S.C. § 112 ¶ 1 to show actual possession of the invention. Both the BPAI, and the district court awarded priority to Affymetrix. The main issue in this case was: which party's specification should control when construing the claims at issue for purposes of written ...
Gray On Claims - http://www.grayonclaims.com/home/
5 Jun 9:11 am by Dennis Crouch
Agilent Tech., Inc. v. Affymetrix, Inc. (Fed. Cir. 2009) Agilent's microarray hybridization genetic analysis patent issued in 2003. After seeing those issued claims, Affymetrix amended a pending application by ... it appears. This change in primary interpretative materials allowed the Federal Circuit to also change the claim construction and consequently hold that Affymetrix's application "does not satisfy the written description requirement for the claims at issue." Notes: As a pending application, ...
Patently-O - http://www.patentlyo.com/patent/
21 May, 2007 11:44 am by Stephen Albainy-Jenei
... highly regarded IP blog." Gene-Chip Company Moves to Iceland To Circumvent IP Laws; Now Headed For an IPO Earlier, NimbleGen Systems Inc. fled to Iceland in 2002 in order to circumvent U.S. patents controlled by Santa Clara, Calif.-based Affymetrix Inc. that were blocking NimbleGen's ability to market its gene chips in the U.S. Affymetrix hadn't applied for patent protection in Iceland so NimbleGen moved there to set up shop for making and using the gene ...
Tags: Current, Affairs
Patent Baristas - http://www.patentbaristas.com/
10 Jun 5:00 am
... 's Notebook) US: Ariad petitions en banc Federal Circuit to eliminate separate written description requirement: Ariad v Lilly (Patently-O) (Patent Docs) US: Federal Circuit clarifies role of written description requirement in interference practice: Agilent Technologies v Affymetrix (Patent Docs) (Patently-O) US: GSK, Tafas file petitions for rehearing in Tafas v Doll (Patent Docs) (Patent Docs) (Peter Zura's 271 Patent Blog) (Patently-O) (Inventive Step) US: Human Genome Sciences seeks review of ...
IP Thinktank - http://duncanbucknell.com/blog
10 Jun 5:00 am
... 's Notebook) US: Ariad petitions en banc Federal Circuit to eliminate separate written description requirement: Ariad v Lilly (Patently-O) (Patent Docs) US: Federal Circuit clarifies role of written description requirement in interference practice: Agilent Technologies v Affymetrix (Patent Docs) (Patently-O) US: GSK, Tafas file petitions for rehearing in Tafas v Doll (Patent Docs) (Patent Docs) (Peter Zura's 271 Patent Blog) (Patently-O) (Inventive Step) US: Human Genome Sciences seeks review of ...
IP Thinktank - http://duncanbucknell.com/blog
12 Oct, 2008 6:54 am by Lawrence B. Ebert
... Law Association Andrew Serafini, partner, Fenwick & West Jay Thomas, professor of law, Georgetown University Stratton Sclavos, former CEO, VeriSign Inc., Mountain View (luncheon keynote speaker) Barbara A. Caulfield was Executive Vice-President and General Counsel of Affymetrix, Inc., in Sunnyvale, CA. Colleen Chien, a registered patent attorney, was at Stanford School of Law (Center for Law and the Biosciences) in 2006 ...
IPBiz - http://ipbiz.blogspot.com
16 Jun 9:23 am
... . In light of the revised construction, the Federal Circuit reversed the district court's grant of summary judgment that the senior party's disclosure met the written description requirement and remanded with instructions to enter summary judgment for the junior party. More detail of Agilent Techs., Inc. v. Affymetrix, Inc. after the jump. [More]
Filewrapper.com - http://www.Filewrapper.com/index.cfm
8 Jun 12:37 am
The American anachronism of patent interferences to determine priority often creates a mess when invoked. And so it was when Affymetrix concocted an interference against Agilent for a genetic analysis technique involving mixing fluids. The BPAI gave the prize to ... the claims. Viewing the record in the light most favorable to Agilent, the district court erred by granting summary judgment in Affymetrix's favor. As this court stated in Amgen Inc. v. Hoechst Marion Roussel Inc., "[t]he purpose of the ...
Patent Prospector - http://www.patenthawk.com/blog/
11 Jan, 2008 9:00 am
... LP did not engage in conduct that invalidated its patents for OxyContin: (IP Law360), Skelaxin (Metaxalone) - King Pharmaceuticals Inc. drops infringement case against CorePharma LLC concerning its muscle relaxant Skelaxin, agreeing to grant a patent ... its dominant market position to force rival AMD out of the computer chip market: (Ars Technica), Illumina Inc. - Illumina to pay Affymetrix $90m to settle litigation between the genetic analysis companies in the United States, England and Germany: ...
IP Thinktank - http://duncanbucknell.com/blog
17 Jan, 2008 10:00 pm
... may be bar to attorney's fee award: K and N Engineering, Inc v Bulat: (Counterfeit Law Blog), New rules for Information Disclosure Statements: ( ... finds 'FYBY' for silkscreening services confusingly similar to 'FUBU' mark for clothing in GTFM, Inc v Wilson: (TTABlog), Google - Google denies patent infringement claim by Jarg ... Law360), Illumina - Illumina to pay Affymetrix $90m to settle patent dispute over competing genetic data products: (SmartBrief), Kinetic Concepts Inc. - Kinetic Concepts and ...
IP Thinktank - http://duncanbucknell.com/blog
5 Jan, 2008 6:00 am
... : (Troll Tracker), Apple - Apple settles video-on-demand patent dispute with Intertainer Inc.: (IP Law360), Crater Corp - For the third time, a judge has axed the trade secrets ... Tracker), Google - Appellate Judge vacates district court order stating Google Inc.'s AutoLink service does not infringe a HyperPhrase patent: (IP Law360), Illumina - USPTO orders reexamination of Affymetrix patents asserted against Illumina: (Patent Docs) Kinetic Concepts Inc - Kinetic launches suit against Innovative ...
IP Thinktank - http://duncanbucknell.com/blog
28 Dec, 2007 1:00 am
... re-examination of two patents included in the patent litigation between Illumina and Affymetrix: (Yahoo Canada Finance), (RTT News), iRobot Corp. - iRobot wins patent ... against former employee Jameel Ahed and his company, Robotic FX, Inc.: (Fox Business), (Business Week), Marriott - Third Circuit considering how to analyse false celebrity endorsement claims under the Lanham Act in Lewis v Marriott International Inc.: (43(B)log) Qwest Communications - Qwest settles patent litigation with Ronald A ...
IP Thinktank - http://duncanbucknell.com/blog
8 Jul 7:04 am
... pipeline (Patent Docs) US: Which specification do you use for claim construction in an interference? - CAFC decision in Agilent Techs v Affymetrix concerning claims pertaining to 'microarray hybridization' (Gray on Claims) US: Counterclaims dismissed in Alzheimer's Institute/ Mayo patent licensing ... (FDA Law Blog) Viagra (Sildenafil) - Canada: FC rejects request for generic Viagra, expresses discomfort over construction of patented compounds: Pfizer Canada Inc v Novopharm Limited (Global IP Watch)
IP Thinktank - http://duncanbucknell.com/blog
         
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