Jon M. Harkness, Dicta on Adrenalin(e): Myriad Problems with Learned Hand’s Product-of-Nature Pronouncements in Parke-Davis v. Mulford, 93 J. Pat. & Trademark Off. Soc’y 363 (2011).
Dicta on Adrenalin(e) tells the story of Parke-Davis & Co. v. H.K. Mulford Co. While that case involved a priority dispute over patents on the hormone adrenaline, Parke-Davis has been cited as standing for the proposition that purified products of nature are eligible for a patent. As the article reveals, Judge Learned Hand’s assertion that purified products of nature are patentable subject matter was dicta. The article supports this conclusion by telling the fascinating story of the key players in Parke-Davis and describing the unique circumstances in which the case was decided. With news of whether the Supreme Court granted the Association for Molecular Pathology’s petition for certiorari expected soon, the article gains increased importance. For a more detailed summary of Dicta on Adrenalin(e) visit the Journal of the Patent and Trademark Office’s website at http://www.jptos.org/news/122/15.html. For a copy of the article email the author, Jon M. Harkness, at firstname.lastname@example.org.