News & Analysis as of

Amgen Claim Construction Appeals

Haug Partners LLP

Federal Circuit Affirms Presumption of Separateness in Regeneron Pharmaceuticals, Inc. v. Mylan Pharmaceuticals Inc. et al., C.A....

Haug Partners LLP on

In a formulation claim, if elements are listed separately, does this necessarily entail that those elements are “separate and distinct components”?  This was the question before the district court in Regeneron...more

McDermott Will & Emery

Beware Enablement of Genus Antibody Claims

McDermott Will & Emery on

The US Court of Appeals for the Federal Circuit invalidated yet another set of antibody genus claims, finding the case “materially indistinguishable” from those in the 2023 Supreme Court of the United States case, Amgen v....more

Jones Day

Federal Circuit Clarifies Probative Value of Patent Dance Statements

Jones Day on

The Situation: The Biologics Price Competition and Innovation Act was considered in a November 2017 decision by the United States Court of Appeals for the Federal Circuit. The Result: The court found that the commercial...more

WilmerHale

Federal Circuit Patent Updates - July 2016 #2

WilmerHale on

WBIP, LLC v. Kohler Co. (No. 2015-1038, -1044, 7/19/16) (Moore, O'Malley, Chen) - Moore, J. Affirming denial of JMOL that patent was invalid as obvious and lacked an adequate written description, affirming finding of...more

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