Takeaway: 35 U.S.C. § 325(d) provides the Board discretion to deny a petition based on the petition relying on references cumulative to references considered during prosecution of the patent application, but does not require the Board to deny the petition on that basis. Further, merely citing to the original specification for written description support for substitute claims, without further explanation, may not be sufficient where the support is not in haec verba. In its Final Written Decision, the Board determined that all of the challenged claims (1-6) of the ’489 Patent are unpatentable, and denied Patent Owner’s Motion to Amend. The ’489 Patent is directed to “a communication system for a water softener system that includes a controller configured for communicating with the water softener assembly and a remote display configured for sending and receiving at least one signal to and from the controller to remote location.” The Board … [Read more...] about Ecowater Systems LLC v. Culligan International Company: Final Written Decision
Apollonio 18 finale
On April 30, 2015, the Delaware Court of Chancery issued its post- trial opinion in Merlin Partners LP v. AutoInfo, Inc., setting forth its findings of fact and conclusions of law and rejecting an attempt by dissenting shareholders to obtain additional value for their shares above the merger price through an appraisal demand pursuant to 8 Del. Code § 262.1 The AutoInfo decision reiterates the importance of merger price and the process of arriving at the same in determining fair value in Delaware appraisal proceedings.BackgroundAutoInfo, Inc. (AutoInfo or Company) was a small, publicly traded, non-asset-based transportation services company offering nationwide brokerage and contract carrier services through a network of independent sales agents.2 In the first quarter of 2011, based on growing concern that it was undervalued in the market relative to comparable companies, AutoInfo's board of directors decided to explore strategic options, including a potential sale.3 AutoInfo … [Read more...] about Merlin Partners v. AutoInfo: Merger Price and Process Key in Determining Appraisal Value
A political gerrymander is “the drawing of legislative district lines to subordinate adherents of one political party and entrench a rival party in power.” All of the Supreme Court Justices appear to agree a sufficiently extreme political gerrymander would violate the Constitution, but there remains a lack of consensus if there is a “judicially discoverable and manageable standard.” In Wisconsin, plaintiffs alleging an unconstitutional partisan gerrymander have proposed a standard test. Employing this standard, a federal district court recently held that Wisconsin Assembly districts, as established, are an unconstitutional gerrymander. This article examines the proposed and accepted test in Wisconsin to determine if this is a manageable standard for political gerrymandering. It concludes, ultimately, that the weaknesses found in this measure will not provide the manageable standard required by the Supreme Court. Supreme Court PrecedentIn Vieth v. … [Read more...] about Whitford and the Elusive Standard for Political Gerrymandering
The U.S. Supreme Court (“Court”) issued a 5-4 decision today in a case with implications for Tribal-State relations and the resolution of disputes under the federal Indian Gaming Regulatory Act, 25 U.S.C. § 2701 et seq. (“IGRA”). The Court in Michigan v. Bay Mills Indian Community found that the sovereign immunity of the Bay Mills Indian Community (“Tribe”) barred a suit filed by the State of Michigan (“Michigan”) to enjoin Class III gaming on the Tribe’s Vanderbilt property, land the Tribe purchased in fee located 100 miles south of its reservation. In making its decision today, a majority of the Court:affirmed the Court’s precedent that Indian tribes possess sovereign immunity from suit for commercial activities conducted outside of Indian lands;affirmed the Court’s precedent that such tribal sovereign immunity can be abrogated only by clear and unequivocal Congressional … [Read more...] about U.S. Supreme Court Decision in Michigan v. Bay Mills Indian Community et al.
Biologics, which can be defined as substances that are produced by or extracted from a biological source, are increasingly important therapeutic agents. Recombinant DNA technology allows for the production of biologic medicines, as well as replication of those medicines as “biosimilars.” The enactment of the Biosimilars Act in 2010 and the recent promulgation of an FDA pathway for approval of biosimilars have made accessible and affordable biologic medicines more than a theoretical possibility. As with their predecessors, new and generic small-molecule medicines, these biologic medicines have generated significant controversy, including patent litigation, some already attracting the attention of the Supreme Court.In Association for Molecular Pathology, et al., v. United States Patent and Trademark Office (“Myriad”),the courts considered “composition of matter” and “method” claims of patents assigned to Myriad Genetics, Inc. … [Read more...] about Are Genes Patentable? Myriad Revisited