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Patents on New Uses for 'Old' Inventions: The Struggle in the Federal Circuit
While a chemical compound, such as a drug, cannot be patented twice based on the discovery of a new property of the compound (no matter how important), the patent statutes explicitly authorize patents on new uses for 'old compounds.' While such method-of-use claims can be difficult to enforce, they can be extremely valuable, both to society and to the patent owner. AZT, a failed anti-cancer drug, earned millions and extended lives, after Burroughs Wellcome patented its use to treat HIV/AIDs. While a patent on a new use of an old compound can seem unfair, nothing is taken from the public domain. The patent often only confers the right to prevent others from advertising that the drug can be used to treat condition X as well as its 'old use' to treat condition Y. The public remains free to use the 'old drug' for any unpatented purpose.
Recently, two different three-judge panels of the Court of Appeals for the Federal Circuit came to opposite conclusions as they grappled with the question of whether or not a claimed use for an old compound was in fact new or 'novel,' or whether it was unpatentable as subsumed by, or legally 'inherent' in the 'old use.'
Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
Beach Boys Songs Written Decades Ago Triggered Current Quarrel With Lawyers
There's current litigation in the ongoing Beach Boys litigation saga. A lawsuit filed in 2019 against Nevada residents Mike Love and his wife Jacquelyne in the U.S. District Court for the District of Nevada that alleges inaccurate payment by the Loves under the retainer agreement and seeks $84.5 million in damages.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Transfer Tax Implications on Real Property Leases
The real property transfer tax does not apply to all leases, and understanding the tax rules of the applicable jurisdiction can allow parties to plan ahead to avoid unnecessary tax liability.
Removing Restrictive Covenants In New York
In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?