As we previously discussed, on November 7, 2023, the Federal Trade Commission (“FTC”) sent warning letters to certain drug manufacturers regarding their purportedly improper listings of device patents in the Food and Drug...more
7/17/2024
/ Antitrust Provisions ,
Class Action ,
Consumer Protection Laws ,
Federal Trade Commission (FTC) ,
Food and Drug Administration (FDA) ,
Medical Devices ,
Orange Book ,
Patent Infringement ,
Patents ,
Unfair Competition ,
Warning Letters
On March 29, 2023, the Solicitor General of the United States asked the Supreme Court to review a Federal Circuit judgment in a Hatch-Waxman case between Teva and GSK. In its decision below, the Federal Circuit held that Teva...more
COSMOKEY SOLUTIONS GMBH & CO. KG V. DUO SECURITY LLC -
Before O’Malley, Reyna, and Stoll. Appeal from the United States District Court for the District of Delaware.
Summary: Patent claims directed to...more
NEVILLE v. FOUNDATION CONSTRUCTORS, INC.
Before Lourie, O’Malley, and Chen. Appeal from the United States District Court for the Central District of California.
Summary: The Federal Circuit affirmed a construction of...more
In Re Personal Web Technologies LLC -
Before Wallach, Bryson, and Taranto. Appeal from the United States District Court for the Northern District of California.
Summary: The Kessler doctrine is not limited to cases...more
HOSPIRA, INC. V. FRESENIUS KABI USA, LLC -
Before Lourie, Dyk, and Moore. Appeal from the U.S. District Court for the Northern District of Illinois.
Summary: Evidence of the properties of claimed embodiments may be...more
1/13/2020
/ Admissible Evidence ,
Appeals ,
Extrinsic Evidence ,
Hospira ,
Inherency ,
Obviousness ,
Patent Infringement ,
Patent Litigation ,
Patent Validity ,
Patents ,
Pharmaceutical Patents ,
Prior Art ,
Reaffirmation
GUANGDONG ALISON HI-TECH CO. V. ITC -
Before Wallach, Hughes, and Stoll. Appeal from United States International Trade Commission.
Summary: A term of degree is not indefinite so long as the written description provides...more
On Tuesday, January 22, 2019, the U.S. Supreme Court held in a unanimous decision that, even where the details of the invention are kept confidential, a commercial sale may place the invention “on sale” under the Leahy-Smith...more
1/24/2019
/ America Invents Act ,
Appeals ,
Assignment of Inventions ,
Confidentiality Agreements ,
Helsinn Healthcare SA v Teva Pharmaceuticals USA Inc ,
Inventions ,
On-Sale Bar ,
Patent Applications ,
Patent Infringement ,
Patents ,
Pharmaceutical Industry ,
Pharmaceutical Patents ,
Public Use ,
Reaffirmation ,
Reversal ,
SCOTUS ,
Section 102 ,
Teva Pharmaceuticals ,
Third-Party Relationships
Federal Circuit Summary -
Before Moore, Linn, and Chen. Appeal from the United States District Court for the District of Delaware.
Summary: A prior art reference does not inherently disclose the elements of a claim...more
7/20/2018
/ Appeals ,
Claim Limitations ,
FDA Approval ,
Jury Trial ,
Nonobvious ,
Orange Book ,
Patent Infringement ,
Patent Invalidity ,
Patent-in-Suit ,
Patents ,
Pharmaceutical Patents ,
Prior Art ,
Stipulations
Patent Judgments & Awards -
On February 8, 2018, Judge Andrew Guilford of the District Court for Central District of California increased a jury award against Custom Blinds and Components Inc. (“CBC”) for patent...more