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
Mylan’s obviousness challenge of erlotinib compound patent fails – US District Judge
On May 1, 2012, the United States District Court for the District of Delaware held that two erlotinib patents, RE 41065 and... Read More
Generics can challenge overly broad use codes – U.S. Supreme Court
On April 17, 2012, the U.S. Supreme Court released its decision in Caraco Pharmaceutical Laboratories Ltd. et al v. Novo Nordisk A/S... Read More
Statements in Clinical Pharmacology section do not induce YASMIN patent infringement – CAFC
On April 16, 2011, the Court of Appeals for the Federal Circuit affirmed that Sandoz, Watson and Lupin do not infringe U.S.... Read More
U.S. Appeals Court overturns District Court’s finding of obviousness (AMRIX/cyclobenzaprine hydrochloride)
On April 16, 2012, the U.S. Court of Appeals for the Federal Circuit (Cephalon et.al. v Mylan Pharmaceuticals et.al.) overturned a Delaware... Read More
Regeneron’s VEGF-TRAP-EYE infringes Genentech’s UK Patent
On March 22, 2012, Justice Floyd of the Chancery Division of the High Court of Justice held that Regneron’s VEGF-TRAP-EYE infringes European... Read More