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Intrinsic Evidence Trumps Plain and Ordinary Meaning

ASTRAZENECA AB v. MYLAN PHARMACEUTICALS INC. Before:  Taranto, Hughes, and Stoll - Summary: For purposes of claim construction, intrinsic evidence can trump the plain and ordinary meaning of scientific conventions such...more

“Some” Enablement Isn’t Enough for PacBio

PACIFIC BIOSCIENCES OF CALIFORNIA v. OXFORD NANOPORE TECHNOLOGIES - Before Lourie, Taranto, and Stoll. Appeal from the United States District Court for the District of Delaware. Summary: Enablement is required for...more

Preliminary Injunction Denied Because of Failure to Draft Precise Terms That Capture the Intent of the Parties

TAKEDA PHARMACEUTICALS U.S.A., INC. V. MYLAN PHARMACEUTICALS INC. Before Prost, Newman, and Hughes. Appeal from the United States District Court for the District of Delaware - Summary: The scope of a contract term may...more

An Inference That Compounds With Common Properties Share Other Related Properties Should Not Be Rejected as a Matter of Law at...

VALEANT PHARMACEUTICALS INTL. v. MYLAN PHARMACEUTICALS INC. Before Lourie, Reyna, and Hughes. Appeal from the United States District Court for the District of New Jersey. Summary: Prior art ranges for solutions of...more

Non-Prior Art Evidence May Be Used to Prove Inherency

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

A “Substantially Equivalent” Disclosure May Satisfy the Written Description Requirement

NALPROPION PHARMACEUTICALS, INC. v. ACTAVIS LABORATORIES FL, INC. Before Prost, Lourie and Wallach. Appeal from the U.S. District Court for the District of Delaware. Summary: A “substantially equivalent” disclosure may...more

The Doctrine of Equivalents May Apply Despite Restriction Requirements and Narrow Claiming

UCB, INC. v. WATSON LABORATORIES INC. Before Taranto, Schall, and Chen. Appeal from the United States District Court for the District of Delaware. Summary: Application of the doctrine of equivalents may not be barred...more

Grunenthal GMBH v. Alkem Laboratories Limited

Before Judges Reyna, Taranto, and Chen. Appeal from the U.S. District Court for the District of New Jersey. Summary: There may be no reasonable expectation of success in producing a specific polymorph of a compound when...more

The Supreme Court Holds that Non-Public Sales May Trigger the On Sale Bar Under the America Invents Act

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

Yeda Research And Development Co., Ltd. v. Mylan Pharmaceuticals Inc. & Teva Pharmaceuticals USA, Inc. v. Sandoz Inc.

Federal Circuit Summary - Before Judges Reyna, Bryson, and Stoll. Appeals from the Patent Trial and Appeal Board and the United States District Court for the District of Delaware. Summary: Non-prior art evidence may...more

Merck Sharp & Dohme Corp. v. Amneal Pharmaceuticals LLC

Federal Circuit Summaries - Before Taranto, Clevenger, and Stoll. Appeal from the United States District Court for the District of Delaware. Summary: Proceeding to trial despite a party’s violation of a discovery order...more

Federal Circuit Affirms Obviousness of Novartis’s Patent for Multiple Sclerosis Drug

The Federal Circuit affirmed the PTAB’s final written decision holding that claims directed to Novartis’s multiple sclerosis drug Gilenya were obvious in Novartis AG v. Torrent Pharmaceuticals. Ltd., No. 2016-1352 (Fed. Cir....more

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