Courtenay C. Brinckerhoff

Courtenay C. Brinckerhoff

Foley & Lardner LLP

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Federal Circuit Finds "Consisting Of" Requires Reversing Infringement Of Shire Lialda Patent

The Federal Circuit focused on the “consisting of” language in the claims at issue when it reversed the district court’s finding that Watson’s ANDA product would infringe the only Orange Book-listed Shire Lialda patent. In so...more

2/18/2017 - ANDA Appeals Orange Book Patent Infringement Patents Pharmaceutical Patents Reversal

Court Rejects Theory Of Derivation Based On FDA Requirement

The Federal Circuit decision in Cumberland Pharmaceuticals Inc. v. Mylan Institutional LLC may be more interesting for what Mylan argued than for what the Federal Circuit decided. However, it could be an important decision...more

2/9/2017 - Appeals Derivation Proceeding FDA Innovation Inventions Obviousness Patent Invalidity Patents Pharmaceutical Industry Prior Art

District Court Dismisses USPTO December 2015 Holidays Case

On December 2, 2016, Judge O’Grady of the U.S. District Court for the Eastern District of Virginia granted the USPTO’s motion to dismiss the complaint brought by Elm 3DS Innovations, LLC over the “holidays” declared December...more

12/28/2016 - Administrative Procedure Act Appeals Dismissals Electronic Filing Filing Deadlines Holidays Inter Partes Review (IPR) Proceeding Motion to Dismiss Patent Litigation Patents Power Outages Reviewability Determinations USPTO

Swearing Behind A Reference With Reasonably Continuous Diligence

In Perfect Surgical Techniques, Inc. v. Olympus America, Inc., the Federal Circuit vacated and remanded a USPTO Patent Trial and Appeal Board decision in an Inter Partes Review proceeding, finding that the PTAB imposed too...more

11/23/2016 - America Invents Act Appeals Due Diligence Evidence Inter Partes Review (IPR) Proceeding Patent Trial and Appeal Board Patents Remand Rule-of-Reason Analysis Section 102 USPTO Vacated

CAFC Says Functional Claim Language Does Not Create Divided Infringement

In LifeNet Health v. LifeCell Corporation, one of the many issues the Federal Circuit decided was that functional claim language did not create a divided infringement situation, even though an independent actor could impact...more

9/26/2016 - Appeals Divided Infringement Functionality Indefiniteness JMOL Judgment As A Matter Of Law Jury Verdicts Patent Infringement Patents Written Descriptions

Will The Celsis Appeal Put An End To 101 Rejections Of Laboratory Method Claims?

On April 5, 2016, the Federal Circuit heard oral arguments in Rapid Litigation Mgmt. Ltd. v. CellzDirect Inc., where the U.S. District Court for the Northern District of Illinois held invalid claims directed to a “method of...more

4/29/2016 - Appeals CLS Bank v Alice Corp Mayo v. Prometheus Method Claims Patent Invalidity Patent Litigation Patent-Eligible Subject Matter SCOTUS USPTO

USPTO Offers Small Entities One Streamlined Patent Appeal

In a September 15, 2015 Federal Register Notice, the USPTO announced a pilot program that will permit certain Small or Micro Entities to expedite a pending ex parte appeal. According to the Notice, the USPTO aims to decide...more

9/18/2015 - Appeals Corporate Counsel Ex Parte Federal Pilot Programs Federal Register Patent Infringement Patent Litigation Patent Trial and Appeal Board Patents USPTO Young Lawyers

Another Sequenom Patent Appeal Heads to the Federal Circuit

While Sequenom’s appeal of the district court’s summary judgment of invalidity of U.S. Patent 6,258,540 under 35 USC § 101 has been pending at the Federal Circuit, the USPTO has been considering the validity of the patent...more

6/3/2015 - Appeals DNA Inter Partes Review (IPR) Proceeding Patent Invalidity Patent Litigation Patent-Eligible Subject Matter Patents Sequenom

Federal Circuit Keeps Sandoz Biosimilar Off the Market for Now

The Federal Circuit is set to hear oral arguments in Amgen v. Sandoz on June 3, but in the meantime has granted Amgen’s motion for a preliminary injunction to keep Sandoz’ biosimilar version of Neupogen® off the market until...more

5/7/2015 - Appeals Biosimilars BPCIA Oral Argument Patent Litigation Patents Preliminary Injunctions Sandoz v Amgen

Federal Circuit Finds Consumer Watchdog Lacks Standing to Appeal Reexamination Decision Upholding WARF Stem Cell Patent

In Consumer Watchdog v. Wisconsin Alumni Research Foundation, the Federal Circuit held that an inter partes reexamination requester must establish an injury in fact sufficient to confer Article III standing in order to appeal...more

6/6/2014 - America Invents Act Appeals Inter Partes Review (IPR) Proceeding Patent Litigation Patent Trial and Appeal Board Patents Post-Grant Review Stem cells WARF

Update on Myriad Appeal and Announcing a Public Forum on the USPTO 101 Guidelines

Myriad has appealed the district court decision that denied its motion for a preliminary injunction against Ambry Genetics Corp. According to a report in Bloomberg BNA Life Sciences Law & Industry Report™, on April 14, 2014,...more

4/17/2014 - Ambry AMP v Myriad Appeals Life Sciences Myriad Myriad v Ambry Patent Infringement Patent Litigation Patents Pharmaceutical Industry USPTO

USPTO Announces New, Higher USPTO Patent Fees

The USPTO has published the new patent fee structure that it is implementing pursuant to its fee-setting authority under the Leahy-Smith America Invents Act (AIA)....more

1/22/2013 - America Invents Act Appeals Patent Fees Patent Reform Patents USPTO

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