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
Addressing obviousness in the context of method of treatment claims using particular drug dosages, the US Court of Appeals for the Federal Circuit affirmed a Patent Trial & Appeal Board (Board) final written decision holding...more
Addressing the issue of Article III standing and obviousness in an appeal of an inter partes review (IPR) decision, the US Court of Appeals for the Federal Circuit found that the petitioner had standing to appeal because past...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
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
Addressing issues of obviousness and anticipation in the context of an inter partes review, the US Court of Appeals for the Federal Circuit issued two decisions with respect to the same patent, vacating and remanding the...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
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
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