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CAFC decision in Illumina, Inc. v. Ariosa Diagnostics, Inc., offers a glimmer of hope in diagnostic arena

CAFC decision in Illumina, Inc. v. Ariosa Diagnostics, Inc., offers a glimmer of hope in diagnostic arena

by Carolyn Haywood | Mar 1, 2020 | Briefings, US & International

Earlier this month, the U.S. Court of Appeals for the Federal Circuit (CAFC) issued its judgement in Illumina, Inc. v. Ariosa Diagnostics, Inc. and if the judgement stands, it may offer diagnostic companies a new way of navigating 35 U.S.C. § 101 – by way of...
Novelty of Second Non-Medical Use Claims at the EPO

Novelty of Second Non-Medical Use Claims at the EPO

by Alex Bajjon | Mar 1, 2020 | Briefings, EPO

In this case, the Technical Board of Appeal has confirmed that claims directed to new uses of known non-medical products may be patentable and have clarified the approach that should be taken when assessing the novelty of such claims. Claim 1 of EP 1 865 998 is for...
Can a Mechanical Engineering Invention be Obvious as Simply Applying a Law of Nature?

Can a Mechanical Engineering Invention be Obvious as Simply Applying a Law of Nature?

by David Eyre | Feb 1, 2020 | Briefings, US & International

The Invention The invention in this case relates to drive shafts in automobiles (U.S. Patent 7,774,911; “‘911 patent”). Vibration in drive shafts is a known problem and methods have been devised to address this. Such methods include using drive shaft...
Brexit and IP: An Update

Brexit and IP: An Update

by Alex Bajjon | Jan 1, 2020 | Briefings, Designs & Copyright, Trademarks, UK, UPC

There has been much discussion over the past few years on the effect of Brexit on intellectual property rights within the UK. The precise outcomes were, for a long time, unknown due to the uncertainty regarding the type of Brexit that would be delivered. It is now...
Shanks v Unilever – What does Outstanding mean?

Shanks v Unilever – What does Outstanding mean?

by Juliette Boynton | Jan 1, 2020 | Briefings, UK

The Supreme Court issued its judgement recently in relation to the application for employee compensation by Professor Shanks considering use of the “outstanding benefit” test in relation to a large company. Prof Shanks was employed by CRL, a wholly owned...
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