June 24, 2013

Federal Circuit Decisions for Week Ending June 14, 2013

Organic Seed Growers And Trade Association et al. v. Monsanto Company, No. 2012-1298 (June 10, 2013) (precedential) (3-0) Patent Nos. 5,322,938, 5352605, etc. (23 patents)

Key points:

  • Representations made by a party during litigation will estop the party from raising a counter position in a later litigation.
  • A Party cannot manufacture standing in a DJ action merely by inflicting harm on itself due to a fear of a hypothetical future harm.

Robert Bosch, LLC v. Pylon Manufacturing Corp., No. 2011-1363-1364 (June 14, 2013) (precedential) (En banc 5-4)

Key point:

  • The Federal Circuit has jurisdiction to hear interlocutory appeals even when the issues of damages and/or willfulness have not been decided.

Association For Molecular Pathology et al. v. Myriad Genetics et al., No. 12-398 (June 13, 2013) (9-0)

Key point:

  • Naturally occurring DNA is not patent eligible just because it has been isolated, while synthetic DNA, which is non-naturally occurring, is patent eligible.

Related Team:

Joe Stevens