Thursday 25 September 2014

Patent Bits and Pieces: the Future of the Federal Circuit, When Can You Amend in UK Litigation, Non-Patent Incentives, Patent Pools and Personalised Medicine


Here’s a collection of interesting items we recently came across:

1. ‘Coming of Age for the Federal Circuit’ is a paper by Professor Feldman about what the Supreme Court is trying to tell the Federal Circuit through recent decisions.

2. A recent UK High Court decision, Compactgtl v Velocys & Ors, sets out when amendments are allowable during litigation. See the decision here. See the IPKat post about it here.

3. ‘Patentable Subject Matter and Non-Patent Innovation Incentives’ is a paper by Lisa Ouellette asking Courts to think about non-patent incentives to assist in defining what is patentable.

4. ‘Patent Law’s Problem Children: Software and Biotechnology in Trans-Atlantic Context’ is a paper by Dan Burk examining the issues around patenting software and biotechnology.

5. ‘Power and Governance in Patent Pools’ by Michael Mattioli studies 52 patent pools to see how they operate and proposes initiatives which could help patent pools promote innovation.

6. ‘Reviving the Paper Patent Doctrine’ by John Duffy explores whether Courts should discriminate against enforcement of patents which are not practiced.

7. ‘Incentives, Intellectual Property, and Black-Box Personalised Medicine’ by Nicholson Price II looks at the patenting of personalised medicine inventions based on algorithms in view of the Mayo, Myriad and Alice decisions.

8. ‘Personalised Medicine and Patent Eligibility’ by Steven Amundson looks at the effect of the Akamai, Mayo and Classen decisions on patenting personalised medicines.

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