After In Re Nintendo, A Quartet of Cases Question TXED’s Status

The Court of Appeals for the Federal Circuit issued a writ of mandamus on December 17th ordering the Eastern District Court of Texas to change the venue of Motiva LLC v. Nintendo Co. to the Western District of Washington.  The venue change itself is not particularly eye-catching—the suit is between two corporations with no connection whatsoever to the Lone Star State, other than the plaintiff choosing the famously (or infamously) plaintiff-friendly district for its patent Continue Reading →

STLR Link Roundup – December 4, 2009

The latest on the STLR radar: Patent Docs reviews Senator Patrick Leahy’s proposals for patent reform. Third Circuit gives “Spam filter ate my filing notice” excuse a second chance, from the Technology & Marketing Blog. EFF sues to find out how the government spies on us using social networks; Indiana University students makes a Freedom of Information request to find out much the big telcos charge the government to spy on their networks, says Wired. Continue Reading →

Court Allows Challenge to Patents on Breast Cancer Genes

Judge Robert Sweet in the U.S. District Court for the Southern District of New York has allowed a challenge to two gene patents owned by Myriad Genetics.  The ACLU, on behalf of scientific organizations, researchers, genetic counselors, and individual women, is contesting the validity of gene patents in general, and is challenging the patents on the BRCA-1 and BRCA-2 genes in particular.  The complaint alleges that gene patents are unpatentable subject matter under 35 U.S.C Continue Reading →

Recap: Bilski Oral Argument at Supreme Court

The U.S. Supreme Court heard oral arguments on Monday in Bilski v. Kappos, which will require it to rule on the patentability of a method of hedging risks in commodities trading.  Michael Jakes of Finnegan, Henderson, Farabow, Garrett & Dunner represented Petitioner Bilski, and Malcolm Stewart, assistant to the U.S. Solicitor General, represented Respondent Kappos of the Patent and Trademark Office. Overall, the Justices pushed both sides to advance a reasonable standard for evaluating the Continue Reading →