Courtenay C. Brinckerhoff

Courtenay C. Brinckerhoff

Foley & Lardner LLP

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Federal Circuit Finds Wyeth Restenosis Claims Invalid as Not Enabled

In Wyeth v. Abbott Laboratories, the Federal Circuit affirmed the district court’s decision that the claims at issue are invalid for failing to satisfy the enablement requirement of 35 USC § 112....more

7/2/2013 - Abbott Laboratories Enablement Inquiries Patents Pharmaceutical Prescription Drugs Validity Wyeth

Challenging the Enabling Quality of Prior Art

In In re Morsa, the Federal Circuit reversed an anticipation rejection where the applicant had challenged the enabling quality of the cited prior art reference, even though the applicant had not submitted evidence in support...more

4/19/2013 - Enablement Inquiries Patent Applications Prior Art USPTO

Federal Circuit Upholds Fentora Patents, But Affirms Non-Infringement

In Cephalon, Inc. v. Watson Pharmaceuticals, Inc., the Federal Circuit reversed the district court’s finding that two Orange Book-listed patents for Cephalon’s FENTORA® product were invalid, but affirmed the district court’s...more

2/26/2013 - ANDA Cephalon Enablement Inquiries FENTORA Infringement Noninfringement Patents Pharmaceutical Written Descriptions

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