Addressing the issue of written description in a Hatch-Waxman litigation, the US Court of Appeals for the Federal Circuit affirmed the district court’s finding that the patent adequately described the claimed daily dose and...more
The US Court of Appeals for the Federal Circuit denied an accused infringer’s petition for rehearing en banc and issued a modified opinion with additional analysis maintaining its prior finding that patent claims directed to...more
The US Court of Appeals for the Federal Circuit affirmed the district court’s finding that the asserted patent claims were invalid as indefinite because the meaning of the term “half-liquid” was not reasonably clear from the...more
Addressing an infringement determination under the doctrine of equivalents (DOE), the US Court of Appeals for the Federal Circuit found that the “tangential relation” exception to the doctrine of prosecution history estoppel...more
Addressing the issue of attorneys’ fees in connection with exceptional cases under 35 USC § 285, the US Court of Appeals for the Federal Circuit affirmed the district court’s determination that a case was exceptional based on...more
Finding that the district court improperly restricted a defendant’s ability to present the jury with relevant evidence of invalidity after a prior remand, the US Court of Appeals for the Federal Circuit vacated a district...more
The US Court of Appeals for the Federal Circuit affirmed-in-part, vacated-in-part and remanded a district court’s rulings on validity, finding that the patent owner was collaterally estopped from asserting certain patents as...more
The US Court of Appeals for the Federal Circuit affirmed in part, reversed in part, vacated in part and remanded the district court’s findings of definiteness, grant of absolute intervening rights, denial of enhanced damages,...more
The US Court of Appeals for the Federal Circuit reversed a district court’s judgment that the challenged claims were invalid for obviousness. The Court also vacated judgments in separate actions that had been entered based on...more
Speculative Evidence of Irreparable Harm Sinks Bayer's Request for Permanent Injunction -
Bayer Pharma AG, et al. v. Watson Laboratories, Inc. (D. Del. December 28, 2016) -
Applying the eBay factors to Plaintiff...more
3/22/2017
/ Abbreviated New Drug Application (ANDA) ,
Bayer ,
Class Action ,
Depositions ,
Divided Infringement ,
Food and Drug Administration (FDA) ,
Inducement ,
Method Claims ,
Obviousness ,
Patent Infringement ,
Patent Litigation ,
Patents ,
Pay-For-Delay ,
Permanent Injunctions ,
Pharmaceutical Industry ,
Pharmaceutical Patents ,
Prior Art
Addressing default judgment and injunction issues, the US Court of Appeals for the Federal Circuit affirmed the district court’s grant of a default judgment and permanent injunction stemming from a series of delays, missed...more
The US Court of Appeals for the Federal Circuit remanded a no willful infringement finding back to the district court to be reconsidered under the Supreme Court of the United States’ Halo decision. Alfred E. Mann Foundation...more
Addressing the issue of obviousness, the U.S. Court of Appeals for the Federal Circuit held that the district court erred in granting summary judgment of invalidity because plaintiff patentee established a genuine issue of...more
Addressing issues of claim construction, the U.S. Court of Appeals for the Federal Circuit recently reversed the decisions of two district courts, shedding some light on the impact of the Teva decision on its claim...more
Addressing the issue of subject matter jurisdiction in Hatch-Waxman litigation, the U.S. Court of Appeals for the Federal Circuit reversed a district court’s dismissal for lack of case or controversy of an action seeking...more
5/8/2015
/ Abbreviated New Drug Application (ANDA) ,
Apotex ,
Declaratory Judgments ,
Food and Drug Administration (FDA) ,
Generic Drugs ,
Hatch-Waxman ,
Intellectual Property Litigation ,
Justiciable Controversy ,
Mylan Pharmaceuticals ,
Patent Infringement ,
Patent Litigation ,
Patents ,
Pharmaceutical Industry ,
Prescription Drugs
e.Digital Corp. v. Futurewei Technologies, Inc. -
Addressing the issue of collateral estoppel as it relates to an earlier claim construction, the U.S. Court of Appeals for the Federal Circuit affirmed-in-part and...more