The Cross-Border Biotech Blog

Biotechnology, Health and Business in Canada, the United States and Worldwide

Tag Archives: Supreme Court

Key Quotes from the U.S. Supreme Court’s Decision in Bilski Shows No Current Impact on Biotech

Many expected the U.S. Supreme Court’s decision in Bilski to have a far-reaching impact on methods patents, including biotechnology diagnostics and drug development. That turned out not to be the case, with the Court deciding on narrow grounds that the actual patent at issue was improperly granted and reminding the Federal Circuit that it prefers common law minimalism over broad rule-setting in this area.

A few key quotes give you a sense of where the Court reached consensus. Here was their message to the patentee:

“[A]ll members of the Court agree that the patent application at issue here falls outside of §101 because it claims an abstract idea.”

Here was their message to the Federal Circuit: 

“The machine-or-transformation test is not the sole test for deciding whether an invention is a patent-eligible ‘process.’”

And here was their message to future patentees:

“while §273 appears to leave open the possibility of some business method patents, it does not suggest broad patentability of such claimed inventions.”

Those interested biotech patenting will need to keep an eye on directly-applicable fact patterns.

Supreme Court Hears Oral Arguments in False Claims Act Whistleblower Case

The United States Supreme Court heard oral arguments today in a case we noted in June in which amici curiae PhRMA and BIO urged the Supreme Court to limit whistleblower suits under the False Claims Act (FCA). Feel like you were really there by reading the full transcript of the oral argument (pdf). Out loud. In your best Supreme Court Justice Voice.

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A Big Week for Confirmations: Sotomayor, Collins, Kappos Movin’ on Up

Preemption Update: Waxman and Pallone Hit the Ground Running

When we reported on the Supreme Court’s decision in Wyeth v. Levine, we wondered what the effect would be on legislation proposed by Reps. Waxman and PalloneWe did not have to wonder long — they introduced legislation yesterday, with a parallel effort from Sens. Kennedy and Leahy, to moot the Supreme Court’s decision in Reigel v. Medtronic and reinstate (har) state tort liability for PMA-approved medical devices.

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