Search for: "Matter of Noonan"
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11 Apr 2024, 4:00 am
Noonan. [read post]
11 Apr 2024, 4:00 am
Noonan. [read post]
18 Feb 2024, 8:31 pm
Noonan -- A consequence (predominantly negative) of the Supreme Court's recent foray into defining (however inadequately) the contours of patent-eligible subject matter is to give the district courts (and to a somewhat lesser extent, the Patent and Trademark Office) free rein to apply any Supreme Court precedent (no matter how archaic, ill-defined or incoherently reasoned) in invalidating claims on Section 101 grounds. [read post]
25 Jan 2024, 8:25 pm
(holding that claim construction was a matter of law to be reviewed de novo by the Federal Circuit; but see Teva Pharma. [read post]
5 Oct 2023, 9:11 pm
Noonan -- In view of the unprecedented uncertainty in patent law generated by counter-doctrinal Supreme Court decisions over the past decade or so and a cowed Federal Circuit relegated to complaining that their hands are tied on most matters (even when acknowledging that the decisions they are rendering do violence to the U.S. patent system; see now-Chief Judge Moore's dissent in Athena Diagnostics, Inc. v. [read post]
6 Sep 2023, 5:58 am
Already, the oneNDA organization has developed a oneNDA module specific to M&A matters, and it has also launched oneDPA for standardizing data protection agreements. [read post]
18 Jul 2023, 8:36 pm
Noonan -- For at least a decade, Congress has been concerned (not to say obsessed) with drug costs (understandably so, no matter how ineffective; see "FTC to the Rescue Regarding High Drug Prices and Patents"; "Even More Ill-Conceived Remedies from Congress Regarding Prescription Drug Costs"; "More Ill-conceived Remedies from Congress Regarding Prescription Drug Costs"; "A Solution in Search of a Problem"; Senate Once Again Tries to Address… [read post]
4 Jul 2023, 8:33 pm
Noonan -- In addition to his efforts regarding patent subject matter eligibility law (see "Senate Bill Proposed to Provide Subject Matter Eligibility Solution", co-sponsored with Senator Tillis), Senator Coons, joined by Senators Tillis, Durbin, and Hirono, introduced the ''Promoting and Respecting Economically Vital American Innovation Leadership Act'' (the ''PREVAIL Act'') last month. [read post]
22 Jun 2023, 9:14 pm
Noonan -- Through the vicissitudes of the continuing chaos of subject matter eligibility, Senators Coons and Tillis have been steadfast in attempting to provide a legislative solution. [read post]
22 Jun 2023, 9:14 pm
Noonan -- Through the vicissitudes of the continuing chaos of subject matter eligibility, Senators Coons and Tillis have been steadfast in attempting to provide a legislative solution. [read post]
21 Jun 2023, 9:01 pm
Noonan -- Responsive to the letter from Judge Pauline Newman's counsel sent June 15th (see "Judge Newman Matter Continues"), the Special Committee directing the Federal Circuit's inquiry regarding Judge Newman's fitness for continued service on the Court (consisting of Chief Judge Moore, former Chief Judge Prost, and Judge Taranto) issued a per curiam response. [read post]
21 Jun 2023, 9:01 pm
Noonan -- Responsive to the letter from Judge Pauline Newman's counsel sent June 15th (see "Judge Newman Matter Continues"), the Special Committee directing the Federal Circuit's inquiry regarding Judge Newman's fitness for continued service on the Court (consisting of Chief Judge Moore, former Chief Judge Prost, and Judge Taranto) issued a per curiam response. [read post]
20 Jun 2023, 7:37 pm
Noonan -- The Federal Circuit's Special Committee released two documents relevant to their continuing assessment of Judge Pauline Newman's fitness for the bench today, neither of which can be considered comforting to the patent community or those concerned about the Judge or the Court. [read post]
20 Jun 2023, 7:37 pm
Noonan -- The Federal Circuit's Special Committee released two documents relevant to their continuing assessment of Judge Pauline Newman's fitness for the bench today, neither of which can be considered comforting to the patent community or those concerned about the Judge or the Court. [read post]
31 May 2023, 9:11 pm
Noonan -- Einstein's aphorism that doing the same thing over and over again and expecting a different outcome is a hallmark of madness (or at least an inability to learn from the past) inevitably comes to mind when perusing the recent history of attempts to persuade, cajole, or shame the Supreme Court to revisit its recent subject matter jurisprudence. [read post]
25 May 2023, 7:40 am
Instead, he said the employer should have looked at the situation as a human rights matter and kept its questions to a minimum. [read post]
15 May 2023, 8:13 am
Noonan -- Today, the Supreme Court again disregarded the views of the Federal government regarding whether to grant certiorari, here in Teva Pharmaceuticals USA v. [read post]
3 May 2023, 9:59 pm
Noonan -- "Hope springs eternal [in the human breast]" (Alexander Pope) and "Insanity is doing the same thing over and over and expecting different results" (the latter attributed variably to Albert Einstein and Werner Erhart) are two aphorisms that irresistibly come to mind with the recent filing of a petition for certiorari by patentees in CareDX, Inc. v. [read post]
20 Apr 2023, 8:46 pm
Noonan -- An appellant's burden on appeal is never easy but it is particularly difficult when the questions at issue are based on factual evidence. [read post]
20 Nov 2022, 9:55 pm
Noonan -- Last week, IP Law360 published an erudite and provocative article by Joseph Matal and his colleagues regarding the Supreme Court's recent subject matter jurisprudence in the context of earlier decisions in the 19th and early 20th Centuries (see "How Mayo V. [read post]
