Last week, the Federal Circuit affirmed the rejection by the U.S. Patent and Trademark Office's Patent Trial and Appeal Board of claims 1-7 of U.S. Patent No. 6,284,471 as being unpatentable under the doctrine of...more
After reflecting upon the events of the past twelve months, Patent Docs presents its 11th annual list of top patent stories. For 2017, we identified nineteen stories that were covered on Patent Docs last year that we believe...more
1/8/2018
/ BPCIA ,
Impression Products v Lexmark International ,
Life Technologies Corp v Promega Corp ,
Patent Applications ,
Patent Litigation ,
Patents ,
Pharmaceutical Industry ,
Pharmaceutical Patents ,
Sandoz v Amgen ,
SCOTUS ,
Trans-Pacific Partnership
In an appeal decided last month, the Federal Circuit affirmed a decision by the District Court for the Southern District of Indiana finding claim 20 of U.S. Patent No. 8,435,944 to be invalid as obvious. The panel also...more
District Court Finds Claims Directed to Method for Analyzing Enoxaparin Sample to Be Patent Eligible -
Last month, in Momenta Pharmaceuticals, Inc. v. Amphastar Pharmaceuticals, Inc., District Judge Nathaniel M. Gorton of...more
District Court Finds Diagnostic Claims to Be Directed to Patent Ineligible Subject Matter -
Last week, in Athena Diagnostics, Inc. v. Mayo Collaborative Services, LLC, District Judge Indira Talwani of the U.S. District...more
Last month, in Par Pharmaceutical, Inc. v. Luitpold Pharmaceuticals, Inc., Senior District Judge William H. Walls of the U.S. District Court for the District of New Jersey issued an amended opinion granting the motion for...more
In March, following the Federal Circuit's denial of Sequenom's petition for rehearing en banc, Sequenom filed a petition for certiorari for Supreme Court review of the Federal Circuit's decision in Ariosa Diagnostics, Inc. v....more
6/20/2016
/ Amicus Briefs ,
Ariosa ,
CLS Bank v Alice Corp ,
Myriad-Mayo ,
Patent-Eligible Subject Matter ,
Patents ,
Petition for Writ of Certiorari ,
Pharmaceutical Patents ,
SCOTUS ,
Section 101 ,
Sequenom
In March, following the Federal Circuit's denial of Sequenom's petition for rehearing en banc, Sequenom filed a petition for certiorari for Supreme Court review of the Federal Circuit's decision in Ariosa Diagnostics, Inc. v....more
6/17/2016
/ Abstract Ideas ,
Amicus Briefs ,
Ariosa ,
Eli Lilly ,
Patent-Eligible Subject Matter ,
Patents ,
Petition for Writ of Certiorari ,
Pfizer ,
Pharmaceutical Patents ,
Product of Nature Doctrine ,
SCOTUS ,
Sequenom
In a letter sent to members of Congress earlier this month, 58 public health organizations urged Congress to reject the Trans-Pacific Partnership (TPP) in its current form, stating that the coalition was "alarmed by the...more
Last month, in a letter to the Senate and House Committees on the Judiciary, 101 patient organizations expressed "concern[] that, as currently written, H.R. 9 [the Innovation Act] falls short of preserving important patent...more
10/12/2015
/ Abuse of Process ,
Biologics ,
BPCIA ,
Congressional Committees ,
FDA Approval ,
Generic Drugs ,
Hatch-Waxman ,
Innovation ,
Innovation Act ,
Inter Partes Review (IPR) Proceeding ,
Medical Research ,
Patent Litigation ,
Patent Trolls ,
Patents ,
Pharmaceutical Industry ,
Pharmaceutical Patents
Last week, in Eli Lilly and Company v. Teva Parenteral Medicines, Inc., Judge Tanya Walton Pratt of the U.S. District Court for the Southern District of Indiana determined that Eli Lilly and Company had shown by a...more
9/2/2015
/ Abbreviated New Drug Application (ANDA) ,
Induced Infringement ,
Labeling ,
Limelight v Akamai ,
Patent Infringement ,
Patent Invalidity ,
Patent Litigation ,
Patents ,
Pharmaceutical Industry ,
Pharmaceutical Patents ,
SCOTUS
In June, Allergan, Inc. and Allergan Sales, LLC filed suit against Ferrum Ferro Capital, LLC and Kevin Barnes ("FFC") in the U.S. District Court for the Central District of California, alleging that FFC attempted to extort...more
8/13/2015
/ Abbreviated New Drug Application (ANDA) ,
Allergan Inc ,
Anti-SLAPP ,
Cal Code of Civil Procedure ,
Extortion ,
Inter Partes Review (IPR) Proceeding ,
Malicious Prosecution ,
Patents ,
Pharmaceutical Industry ,
Pharmaceutical Patents ,
Unfair Competition
Last month, in a letter to Congressional leadership, 79 Members of Congress expressed their support for the Innovation Act (H.R. 9) but sought inclusion of language in the bill "to preserve the integrity of the Drug Price...more
8/7/2015
/ America Invents Act ,
BPCIA ,
FDA Approval ,
Generic Drugs ,
Hatch-Waxman ,
Innovation Act ,
Inter Partes Review (IPR) Proceeding ,
Patent Infringement ,
Patent Litigation ,
Patents ,
Pharmaceutical Industry ,
Pharmaceutical Patents ,
Prescription Drugs ,
USPTO
A group of Senators led by Sen. Lamar Alexander (R-TN), the Chairman of the Senate Committee on Health, Education, Labor, and Pensions, sent a letter last month to Dr. Stephen Ostroff, the Acting Commissioner of the U.S. Food...more
After reflecting upon the events of the past twelve months, Patent Docs presents its eighth annual list of top patent stories. For 2014, we identified eighteen stories that were covered on Patent Docs last year that we...more
1/5/2015
/ America Invents Act ,
BPCIA ,
CLS Bank v Alice Corp ,
Fee-Shifting ,
Food and Drug Administration (FDA) ,
Highmark v. Allcare ,
Octane Fitness v. ICON ,
Patent Trolls ,
Patents ,
Pharmaceutical Patents ,
Sandoz ,
SCOTUS
After reflecting upon the events of the past twelve months, Patent Docs presents its eighth annual list of top patent stories. For 2014, we identified eighteen stories that were covered on Patent Docs last year that we...more
1/2/2015
/ AbbVie ,
Claim Construction ,
Gilead Sciences ,
IP License ,
Medtronic ,
Novartis ,
Patent Term Adjustment ,
Patents ,
Pharmaceutical Industry ,
Pharmaceutical Patents ,
SCOTUS ,
Teva v Sandoz
On March 4, the U.S. Patent and Trademark Office issued a guidance memorandum, entitled "Guidance For Determining Subject Matter Eligibility Of Claims Reciting Or Involving Laws of Nature, Natural Phenomena, & Natural...more
Last month, at the Biotechnology Industry Organization (BIO) IP & Diagnostics Symposium in Alexandria, VA, Sherry Knowles of Knowles IP Strategies addressed the impact of the U.S. Patent and Trademark Office's Myriad-Mayo...more
Last month, in AbbVie Inc. v. Mathilda & Terence Kennedy Institute of Rheumatology Trust, the Federal Circuit affirmed a determination by the District Court for the Southern District of New York that U.S. Patent No....more
On March 4, the U.S. Patent and Trademark Office issued a guidance memorandum, entitled "Guidance For Determining Subject Matter Eligibility Of Claims Reciting Or Involving Laws of Nature, Natural Phenomena, & Natural...more
8/12/2014
/ Biotechnology ,
Mayo v. Prometheus ,
Myriad ,
Myriad-Mayo ,
Patent Litigation ,
Patent-Eligible Subject Matter ,
Patents ,
Pharmaceutical Industry ,
Pharmaceutical Patents ,
Public Comment ,
Rulemaking Process ,
USPTO