The US Court of Appeals for the Federal Circuit affirmed the Patent Trial & Appeal Board’s decisions finding one set of challenged claims patentable and another set of challenged claims in the same patent unpatentable. The...more
Inventorship issues can have serious implications in patent litigation, leading to invalidation or unenforceability of the patent at issue, as seen in several notable 2022 cases. In the coming year, patent owners should take...more
Addressing the issue of negative claim limitations, the US Court of Appeals for the Federal Circuit granted a petition for panel rehearing, vacated its prior decision (authored by now-retired Judge O’Malley) and reversed the...more
Addressing the issue of written description in the context of antibody-related genus claims, the US Court of Appeals for the Federal Circuit reversed a $1.2 billion jury verdict and found genus claims using functional...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
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
Over a vigorous dissent, the US Court of Appeals for the Federal Circuit affirmed a Patent Trial and Appeal Board (PTAB or Board) decision affirming rejection of all pending claims of a patent as being obvious, as supported...more
Confirming that the same panel of judges at the Patent Trial and Appeal Board (PTAB or Board) has the authority to institute America Invents Act (AIA) reviews and make a final determination on the merits, the US Court of...more
Addressing the issue of obviousness in the context of an inter partes review (IPR), the U.S. Court of Appeals for the Federal Circuit affirmed a decision by the Patent Trial and Appeal Board (PTAB or Board) under a...more
Addressing claim construction issues, the U.S. Court of Appeals for the Federal Circuit affirmed in part, reversed in part and remanded a district court’s summary judgment rulings finding that the district court did not...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