A well-orchestrated intellectual property strategy requires carefully and thoughtfully leveraging copyright, trademark, and patent laws, as highlighted by a recent decision handed down by the United Sates Court of Appeals for the Federal Circuit: CeramTec GMBH v. CoorsTek Bioceramics LLC.
Litigating Patents in the ITC: When and Why Companies Take the Section 337 Route
Formerly a niche venue for trade-related matters, the International Trade Commission (“ITC”) has emerged as a battleground for many high stakes intellectual property disputes, particularly in the technology, life sciences, and consumer electronics industries. With the power to block infringing products from entering the U.S., the ITC has become an increasingly attractive option for patent holders seeking swift and decisive remedies.
The Uncertain Future of Section 101: Patent Eligibility in the Wake of Recent Supreme Court (In)Action
Patent eligibility under 35 U.S.C. § 101 remains one of the most hotly contested and unpredictable areas of U.S. patent law. In the years following the Supreme Court’s landmark decisions in Alice Corp. v. CLS Bank Int’l (2014) and Mayo Collaborative Services v. Prometheus Laboratories, Inc. (2012), lower courts, the USPTO, and the Federal Circuit have wrestled with the proper application of the two-step framework for determining whether an invention is directed to an abstract idea, law of nature, or natural phenomenon—and, if so, whether it includes an inventive concept sufficient to transform it into patent-eligible subject matter.
The Crucial Role of Patent Due Diligence in Mergers & Acquisitions: Spotting Patent Litigation Risks Before Closing a Deal
In today’s rapidly evolving business landscape, mergers and acquisitions (“M&A”) remain a common strategic priority for companies aiming to grow, innovate, or strengthen their market position. However, the complexity of these transactions necessitates meticulous preparation and due diligence. Patent due diligence is a critical component of the intellectual property (“IP”) due diligence process in M&A deals, particularly for tech centric businesses. Overlooking this step can lead to substantial legal and financial repercussions post-transaction.
10x Genomics and Harvard Overcome Patent and Antitrust Hurdles After Settling with Vizgen Inc.
The legal battle between Harvard and 10x Genomics, and Vizgen Inc. came to a halt the other day, February 6, 2025, when the parties notified Judge Matthew F. Kennelly they had reached a settlement. This comes after three days of intense trial in the District of Delaware. Harvard and 10x filed suit against Vizgen back in April of 2022 alleging it was infringing on a series of Harvard’s patents dedicated to gene-mapping technologies. Vizgen counter-claimed that Harvard breached the implied covenant of good faith and fair dealing, violated the warranties it made in the Vizgen licensing agreement, and negligently misrepresented those warranties to induce Vizgen to enter the agreement. Vizgen also claimed that 10x tortiously interfered with its business relationships, the parties violated antitrust statutes, and sough a declaratory judgment declaring the patents invalid. The original licensing deal was with ReadCoor, a company acquired by 10x that was co-founded by Harvard Medical School professor and named inventor on the patents-in-suit, George Church.
Do Stablecoin Patent Applications Signal a Cryptocurrency Evolution?
Stablecoins have emerged as one of the most transformative innovations in the cryptocurrency space, bridging the gap between the volatility of traditional cryptocurrencies like Bitcoin and the stability demanded by mainstream financial systems. This rise has brought with it a wave of innovation, and nowhere is this more apparent than
Troubling Trend of “Self” Revocation In the CRISPR Space Continues in Europe
Less than two months after CVC made the surprising move to revoke two of its seminal European CRISPR patents, Sigma-Aldrich has done it too. While the facts that led to Sigma’s “self” revocation may be different than CVC’s, this en vogue trend of avoiding final decisions is troubling because it
To Be Or Not To Be: Self-Revocation of Seminal European Patents Creates New Uncertainty In CRISPR IP Space
There is no shortage of surprises and twists in the decade-long fight over the control of dominant IP in the CRISPR space. The newest one is the self-revocation of two seminal CRISPR patents in Europe by the team led by two Nobel Laureates Emmanuelle Charpentier and Jennifer Doudna (aka “CVC”).