An Illuminating Decision on Induced Infringement from the Federal Circuit
Background The Court of Appeals for the Federal Circuit reversed the District Court of Delaware’s decision holding Roche Diagnostics Corporation induced infringement... Read More
When the Prior Art Just Gels: Motivation to Combine and a Reasonable Expectation of Success at the Federal Circuit
The Federal Circuit affirmed a USPTO inter partes review decision finding claims 1-8 of Almirall LLC’s US Patent No. 9,517,219 invalid for... Read More
Copyright Style Tips from the USSC: Knowledge is the New Colour
Suppose that John, seeing a flash of red in a tree, says, “There is a cardinal.” But he is wrong. The bird... Read More
Carvedilol case keeps on ticking
In the latest development in the carvedilol skinny label odyssey, the US Court of Appeals for the Federal Circuit dismissed Teva’s petition... Read More
Federal Circuit Applies On-Sale Bar to Offer for Sale of Catheter Introducer
The United States Court of Appeals for the Federal Circuit has reversed the decision of the US District Court for the Eastern... Read More
UK Sufficiency Requires Enablement Across Substantially All of the Claimed Subject Matter
Sufficiency is a general requirement of UK patent law and under the European Patent Convention that requires the patentee to show that a... Read More
Hold Up or Hold Out? UK Court Addresses FRAND Licensing Of Essential Cellphone Patents
Unwired Planet International v. Huawei, [2017] EWHC 711 is a UK case regarding the FRAND royalty rates applicable to patents that are deemed... Read More
Google Books: A Transformative Fair Use
On October 16, 2015, the United States Court of Appeals for the Second Circuit released its decision in the “Google Books Case”... Read More
Apotex’ US Patent Unenforceable for Inequitable Conduct
In a relatively rare finding, the Court of Appeal for the Federal Circuit affirmed that Apotex’s U.S. Patent No. 6,767,556 is unenforceable... Read More
US Supreme Court Clarifies Law of Ambiguity
The US Supreme Court has restated the test for determining whether a patent claim is indefinite (or ambiguous) in its recent decision... Read More
US CAFC squelches patent for cloned sheep
The Court of Appeals for the Federal Circuit Court recently upheld the USPTO’s rejection of patent claims directed to cloned farm animals... Read More
Janssen’s low dosage oral contraception regime patent valid
On September 11, 2012, The District Court for the District of New Jersey issued it opinion in an ANDA matter between Jansen... Read More
“Second best choice” does not teach away – ZEGERID
On September 4, 2012, the Court of Appeals for the Federal Circuit issued its per curiam opinion in Santarus v. Par Pharmaceutical.... Read More
CAFC divided over divided infringement
On August 31, 2012 the Court of Appeals for the Federal Circuit released its en banc decisions in Akamai Technologies, Inc. v.... Read More
Double patenting analysis must consider claim “as a whole” – CAFC
On August 24th, 2012 the Court of Appeals for the Federal Circuit affirmed a judgment of the United States District Court for... Read More
ANDA counterclaim of non-infringement not mooted by dedication of INTUNIV patent to public
On August 20, 2012, the United States District Court for the Northern District of California granted Watson and Impax’s motion for summary... Read More
Supplementary Protection Certificates for new uses – ECJ clarifies “first authorization of the product”
On July 19, 20120 the European Court of Justice (ECJ) rendered it decision in Case C-130/11 dealing with the availability of Supplementary... Read More
COPAXONE patents infringed, valid and enforceable – U.S. District Court
On June 22, 2012, the District Court for the Southern District of New York issued a decision that Sandoz/Momenta and Mylan/Natco infringed... Read More
Mometasone hydrate (NASONEX) patent valid but not infringed
On June 15, 2012, the District Court for the District of New Jersey released its redacted opinion in litigation between Schering and... Read More
Motivation to resolve enantiomers – eszoplicone (LUNESTA)
eszoplicone On May 31, 2012, Judge Dennis M. Cavanaugh denied two competing summary judgment motions in a Hatch-Waxman proceeding involving Sunovian and... Read More
Court denies all summary judgment motions in Genentech & U Penn HERCEPTIN suit
On May 14, 2012 the United States District Court for the Northern District of California dismissed a number of competing summary judgment... Read More
BONIVA dosing regimen patent held obvious in summary judgment motion
On May 7, 2012, the United States District Court for the District of New Jersey granted a summary judgment motion holding that... Read More
PRECEDEX: enantiomer patent valid and enforceable; method of use patent obvious
On May 4, 2012, the District Court of New Jersey issued an amended memorandum opinion in relation to Sandoz’ paragraph IV challenge... Read More
ABILIFY compound patent attack a “poster child” for impermissible hindsight – CAFC
On May 7, 2012, the Court of Appeals for the Federal Circuit (CAFC) affirmed a judgment of the United States District Court... Read More
Illegality doctrine does not preclude Apotex from recovering on perindopril undertaking – U.K. Court of Appeal
On May 3, 2012, the United Kingdom Court of Appeal allowed Apotex’s appeal form a decision of Norris J. that had precluded... Read More