Recently in Intellectual Property Law Category

If you are hoping for a decision on same sex marriage, DOMA, or the Voting Rights Act, we'll save you some time -- none were released today. Today's rulings were more than mere brush-clearing, however. These holdings have major impacts on state voting laws, fundamental criminal procedure at all levels, and our oft-criticized pharmaceutical industry.

Interested in proof-of-citizenship voting laws, the right to a jury, or cheaper drugs? Read on.

Lets start this off with a little disclaimer: We, the lawyer-bloggers of FindLaw.com, are not scientists. We'd venture a guess that neither are you. And according to his confused concurrence, neither is Justice Scalia.

We do understand one thing from this case, however: the human genetic code cannot be patented, no matter how much effort went in to discovering the DNA sequences. Synthetic cDNA, however, can be. Lost in the alphabet soup? It'll make sense soon enough.

Our nation's greatest court, with nary a hint of dispute, dissention, or differing reason, released three unanimous opinions today. And while some (the tow yard) will likely have little-to-no impact in the real world, another (Monsanto's soybean patent case) may have a far greater impact, especially in the areas of genetically modified crops, vaccines, and any other self-replicating products.

Monsanto Roundup-Ready Soybeans

In many ways, Monsanto giveth, and Monsanto taketh away. They invented an herbicide that kills pests -- and plants. They also invented a plant that resists that herbicide -- the Roundup-Ready soybean. And while they'll give you the genetically altered soybeans to plant (for a fee, of course), they take away the right to replant those beans in subsequent years through patent enforcement and licensing agreements.

The Supreme Court will start its final sitting of the 2012 Term with what might be the most controversial intellectual property case of the year, Association for Molecular Pathology v. Myriad Genetics, Inc.

The case presents a simple question about a complex process: Are human genes patentable?

The Federal Circuit Court of Appeals has twice ruled that they are, but the Supreme Court’s decision last year in Mayo v. Prometheus Laboratories casts doubt on that theory.

The Federal Trade Commission believes that paying a prospective rival to stay out of a competition is the very definition of anti-competitive behavior, but the federal courts are split on the matter, Reuters reports.

Monday, the Supreme Court will take a stab at resolving whether brand and generic drug manufacturers should be allowed to enter into mutually-beneficial pay-for-delay arrangements.

Get ready to resell your books, ladies and gentlemen. The Supreme Court ruled on Tuesday that the first sale doctrine does apply to works made overseas, Publishers Weekly reports.

The first sale doctrine in copyright law allows the owner of a lawfully-purchased copyrighted work to resell it without limitations imposed by the copyright holder.

There's a David and Goliath battle heading to the Supreme Court. One that pits a lil' ol' farmer against a megaseed manufacturer. On Tuesday, February 19, the Court will consider whether patent exhaustion applies to self-replicating technologies, like seeds.

Admittedly, we know nothing about farming, but the IP-infringement judgment at stake in this case suggests that the Supreme Court's decision could add up to millions for Monsanto.

Justices Scalia and Kagan may have been hunting antelope over the weekend, but next week the ideological opposites will be hunting for answers. The court is set to hear two cases when it returns for the November sitting next Monday: Clapper v. Amnesty International USA and Kirtsaeng v. John Wiley & Sons, Inc.

The latter case involves a topic near and dear us: Selling stuff.

It’s the Second Circuit Court of Appeals ruling that could limit library lending power.

In April, the Supreme Court granted certiorari in Kirtsaeng v. John Wiley & Sons, a case examining “gray market” resale of copyrighted works.

The Supreme Court has been busy again this week, with two notable cert orders on Monday, three cases in oral argument, and four new decisions.

Tuesday, we told you about the Court's opinion in Filarsky v. Delia. Here's what you need to know about the week's other opinions.