Courtenay C. Brinckerhoff

Courtenay C. Brinckerhoff

Foley & Lardner LLP

Contact  |  View Bio  |  RSS

Latest Posts › Patent Litigation

Share:

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 USPTO

Federal Circuit Find Fractures in Roche Boniva Patents

In Hoffman-LaRoche, Inc. v. Apotex, Inc., the Federal Circuit affirmed the district court’s summary judgment that two Roche Boniva patents are invalid as obvious. The conclusion of obviousness is not particularly remarkable...more

4/15/2014 - FDA Generic Drugs Hoffman LaRoche Patent Litigation Patents Pharmaceutical Prior Art Summary Judgment

Federal Circuit Refuses to Find Implied License for Endo Opana Patents

In Endo Pharmaceuticals, Inc. v. Actavis, Inc., the Federal Circuit reversed the district court’s decision denying Endo’s motion for summary judgment of infringement based on an implied license. The Federal Circuit found that...more

4/7/2014 - Licenses Patent Litigation Patents

Delayed Restriction Requirement Does Not Result in Patent Term Adjustment for Divisional Application

In Mohsenzadeh v. Lee (decided March 19, 2014), the U.S. District Court for the Eastern District of Virginia held that the Patent Term Adjustment (PTA) statute does not provide PTA to a divisional application when the USPTO...more

3/28/2014 - Patent Litigation Patent Term Adjustment Patent Terms USPTO

Five Things You Should Know About the USPTO Patent Subject Matter Eligibility Guidelines

The new USPTO patent subject matter eligibility guidelines set forth a detailed analytical framework for evaluating whether claims satisfy the patent subject matter eligibility requirement of 35 USC § 101. If you are an...more

3/17/2014 - Biotechnology Life Sciences Patent Litigation Patent-Eligible Subject Matter Patents USPTO

Federal Circuit Finds Easy Solution to Avodart Solvate Written Description Question

Are claims that recite a “solvate” of a chemical compound invalid for lack of written description if the patent does not describe any specific solvates? In GlaxoSmithKline LLC v. Banner Pharmacaps, Inc., the Federal Circuit...more

3/13/2014 - Chemicals Claim Construction FDA GlaxoSmithKline Patent Litigation Patents Pharmaceutical Written Descriptions

Do Pharmaceutical Compositions Have Patent Subject Matter Eligibility Under the New USPTO Guidelines?

The USPTO’s new patent subject matter eligibility guidelines (the “Guidelines”) include examples that apply the multi-factored analysis mandated by the Guidelines to compositions that include one or more “natural products” as...more

3/11/2014 - Patent Litigation Patent-Eligible Subject Matter Patents Pharmaceutical USPTO

Split Federal Circuit Hews to De Novo Claim Construction Review

In a six-four en banc decision in Lighting Ballast Control LLC v. Philips Electronics North Am. Corp., a divided Federal Circuit confirmed its practice of de novo claim construction review. The main question arising from the...more

3/3/2014 - Claim Construction de novo standard of review Patent Litigation

Takeda Prevacid SoluTab Patent Valid, But Not Infringed

In Takeda Pharmaceutical Company Ltd. v. Zydus Pharmaceuticals USA, Inc., the Federal Circuit reversed the district court’s finding that Zydus’s proposed generic product infringed Takeda’s Prevacid® SoluTab™ patent, but...more

2/25/2014 - Claim Construction Patent Infringement Patent Litigation Patents

Federal Circuit Issues Remand In Ten Year Reexamination Proceeding

In Tempo Lighting, Inc. v. Tivoli, LLC, the Federal Circuit vacated the decision of the U.S. Patent Office Patent Trial and Appeal Board that had reversed the Examiner’s rejection of most of the claims of the patent at issue....more

2/20/2014 - Inter Partes Reexamination Patent Litigation Patents Post-Grant Review Remand USPTO

Federal Circuit Holds Computer-Implemented Method Claims Invalid Under Section 101

Although SmartGene, Inc. v. Advanced Biological Laboratories, SA is a non-precedential Federal Circuit decision, it could be interesting for that very reason, if it is a reflection of what the court sees as settled aspects of...more

2/5/2014 - Computer-Related Inventions Patent Applications Patent Litigation Patent-Eligible Subject Matter Patents

Federal Circuit Finds Hole in “This” Priority Claim

In Medtronic CoreValve, LLC v. Edwards Lifesciences Corp., the Federal Circuit affirmed the district court’s finding that the patent at issue was invalid because of a defective priority claim. While practitioners may cringe...more

1/30/2014 - Medical Devices Medtronics Patent Applications Patent Litigation Priority Disputes USPTO

Supreme Court Lays Burden of Proof on Patentee, Even in Declaratory Judgment Action

In Medtronic, Inc. v. Mirowski Family Ventures, LLC, a unanimous Supreme Court held that the patent holder bears the burden of proving infringement, even in a declaratory judgment action brought by a licensee. In reaching its...more

1/24/2014 - Burden of Proof Declaratory Judgments Infringement Medtronics Patent Infringement Patent Litigation SCOTUS

District Court Sides With USPTO on Patent Term Adjustment

In Abraxis Bioscience, LLC v. Kappos, Civil Action No. 1:11-cv-00730., (D.D.C. Jan. 08, 2014), Judge Howell of the U.S. District Court for the District of Colombia upheld the USPTO’s interpretation of the Patent Term...more

1/16/2014 - Patent Litigation Patent Term Adjustment Patent Terms Patents USPTO

Supreme Court to Consider Legal Standard for Patent Indefiniteness

On January 10, 2014, the U.S. Supreme Court granted certiorari in Nautilus Inc. v. Biosig Instruments, Inc., to review the legal standard for holding a patent claim invalid as indefinite, under 35 USC § 112, second paragraph....more

1/13/2014 - Indefiniteness Nautilus Inc. v. Biosig Instruments Patent Litigation Patents SCOTUS

Federal Circuit Upholds RevitaLash Unfair Competition Violation

In Allergan, Inc. v. Athena Cosmetics, Inc., the Federal Circuit decided an appeal that did not present any patent issues, finding that the allegations of patent infringement in the underlying complaint gave it exclusive...more

1/9/2014 - FFDCA Patent Infringement Patent Litigation Patents Unfair Competition

Institut Pasteur Obtains Reversal of USPTO Board Decision of Obviousness of Eukaryotic Site-Directed Mutagenesis Methods

In Institut Pasteur v. Focarino, the Federal Circuit found that the obviousness determination by the USPTO Board of Patent Appeals and Interferences was not supported by substantial evidence, and rested on an “erroneous...more

1/7/2014 - Biotechnology DNA Genetic Materials Human Genes Life Sciences Patent Litigation Patents USPTO

Federal Circuit Reverses Board Rejections That Strayed From Claim Construction

In the non-precedential decision in In re Eaton, the Federal Circuit reversed the USPTO Board decision affirming rejections of anticipation and obviousness. The court found that the Board decision strayed from its own claim...more

12/2/2013 - Claim Construction Obviousness Patent Litigation Patents USPTO

Federal Circuit Finds Material Withholdings and Misreprestations to Support Inequitable Conduct

In Ohio Willow Wood Co. v. Alps South, LLC, the Federal Circuit found that Ohio Willow Wood had both withheld material information and made material representations during proceedings before the USPTO. Because the district...more

11/19/2013 - Misrepresentation Patent Litigation Patents USPTO

Federal Circuit Finds Inequitable Conduct in False Rule 131 Declaration

In Intellect Wireless, Inc. v. HTC Corp., the Federal Circuit affirmed the district court decision holding Intellect’s patents unenforceable due to inequitable conduct. This is a rare case where the applicant was found to...more

10/18/2013 - Inequitable Conduct Patent Litigation Patents Rule 131

Federal Circuit Finds Flexibility in Admissibility of Expert Testimony on Infringement

In MeadWestVaco Corp. v. Rexam Beauty and Closures, Inc., the Federal Circuit upheld the admissibility of expert testimony that was not fully aligned with the district court’s claim construction. In so doing, the court...more

10/8/2013 - Claim Construction Evidence Expert Testimony Infringement Patent Litigation Patents

Compact Prosecution 2.0 — Changing The U.S. Patent Examination Paradigm

William F. Smith of Woodcock Washburn LLP and Joseph Mallon of Knobbe Martens (colleagues on the IPO Patent Office Practice Committee)** have prepared a white paper that encourages us to take a step back from the current U.S....more

9/26/2013 - IPO Patent Examinations Patent Litigation Patents USPTO

Myriad Preliminary Injunction Hearing to Be Held September 11, 2013

The hearing on Myriad’s motion for a preliminary injunction against Ambry Genetics is scheduled for September 11, 2013, before Judge Robert A. Shelby at the U.S. District Court for the Central District of Utah....more

9/9/2013 - AMP v Myriad DNA Genetic Materials Human Genes Injunctions Myriad Patent Litigation Patent-Eligible Subject Matter Patents Preliminary Injunctions SCOTUS

Federal Circuit Holds Patentee to Functional Claim Language

In Bayer Cropscience AG v. Dow AgroSciences LLC, the Federal Circuit upheld the district court’s claim construction that interpreted “2,4-D monooxygenase” in accordance with its established scientific meaning, even though...more

9/6/2013 - Claim Construction Functionality Infringement Patent Applications Patent Litigation Patents

Federal Circuit Finds No Written Description Support For Novozymes Amylase Patent

In Novozymes A/S v. DuPont Nutrition Biosciences APS, the Federal Circuit determined that the Novozymes amylase patent at issue did not satisfy the written description requirement of 35 USC § 112, because the disclosure did...more

7/25/2013 - Biotechnology Patent Applications Patent Infringement Patent Litigation Patents Pharmaceutical Written Descriptions

27 Results
|
View per page
Page: of 2