U.S. District Court Declares Patents on Human DNA Invalid

     On March 24, 2010, the United States District Court for the Southern District of New York held seven patents owned by Myriad Genetics invalid on grounds they protected scientific principles and laws of nature.  The patents included composition and method claims directly related to genes commonly associated with breast and ovarian cancer. For additional information, click here.

U.S. Patent Office Announces New Program for Green Technology.

       The U.S. Commerce Department’s Patent and Trademark Office (USPTO) will pilot a program to accelerate the examination of certain “green” technology patent applications. The new initiative, coming days before the United Nations Climate Change Conference in Copenhagen, Denmark, will accelerate the development and deployment of green technology, create green jobs, and promote U.S. competitiveness in this vital sector. For additional information, click here.

Court of Appeals for Federal Circuit Holds Strict Penalties for Falsely Marking Products as Patented.

     Washington, D.C., December 28, 2009.  The Court of Appeals for the Federal Circuit issued an opinion in the case of The Forest Group, Inv. v Bon Tool Co., et al., 2009-1044 12-28-2009 (Fed. Cir. 2009) involving qui tam cases alleging violation of the patent marking statute.  The Court held third parties bringing suits on behalf of the government may be awarded up to $500 for each product or article falsely marked as patented or protected by patent where the patent holder reasonably knew the patent did not cover the article being produced.  The Court stated that the plaintiff only need to show by a preponderance of the evidence that the defendant did not have a reasonable belief that the articles were properly marked.  An assertion by the defendant that it did not intend to deceive, standing alone, was "worthless as proof of no intent to deceive where there is knowledge of falsehood."  This decision exposes manufacturers to substantial liability when placing patent notices on products.  For more information click here.

Supreme Court Issues New Rules of Discovery Concerning Storage of Electronic Records.

     Washington, D.C., December 1, 2006.  Changes to the Federal Rules of Civil Procedure on discovery impact how businesses must store electronic records such as emails, instant messages, digital images and drawings.  See the article entitled, "New Federal Rules Concerning Storage of Electronic Data," below.

Grand Rapids Law Firm Founder Nominated for 2006 Businessmen of the Year Award.

      Press Release, Washington, D.C., November 30, 2006.  The Business Advisory Council for the National Republican Congressional Committee announced today its list of nominees for the 2006 Businessmen of the Year Award.  The list recognizes the top U.S. business leaders who have successfully integrated business and financial success with the support of Republican ideals.  These influential community leaders were singled out to receive this prestigious award because of their willingness to provide invaluable input to the Business advisory Council and for their unselfish commitment to the Republican Party.  Appearing on the list is Mr. Barry C. Kane, the founder of the Grand Rapids-based intellectual property law firm Kane & Co, PLC.  Also appearing on the list is Michigan businessman Walter Ehrinfreed.