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Arguments in Prosecution History Limit Design Patents Too 

The USPTO must reject a patent application if the applicant’s claim covers what the prior art already disclosed, and patent applicants may respond to such rejections with arguments that what they claimed was different. ...more

Federal Circuit Finds Against Generics Where Hatch-Waxman's Full Five-Year Extension Fixes Delay For Pharmaceutical FDA-Review  

Merck Sharp & Dohm B.V. v. Aurobindo Pharma USA, Inc. et al (Fed. Cir. March 13, 2025) - The Hatch-Waxman Act seeks to strike a balance in the pharmaceutical industry by incentivizing drugs makers to develop innovative...more

Allegedly Infringing Product Continues to be on Clinical Trial RaDaRs 

Rs Natera, Inc. v. NeoGenomics Laboratories, Inc., 23-cv-00629 (M.D.N.C. 2023) - How should courts resolve patent infringement disputes where patients rely on allegedly infringing treatments? The U.S. District Court for...more

Federal Circuit Cooks District Court’s Decision to Add Bacon-Prep Inventor

This week, the Federal Circuit reversed the United States District Court for the District of Delaware’s (“District Court”) decision to add David Howard as a joint inventor on Hormel Food Corporation’s (“Hormel”) U.S. Patent...more

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