Courtenay C. Brinckerhoff

Courtenay C. Brinckerhoff

Foley & Lardner LLP

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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

Do the USPTO 101 Guidelines Violate International Trade Agreements?

One advantage of being a blogger in the relatively small world of patents is that I have gotten to know practitioners in other countries who also have a keen interest in patent law. One such person is Australian Registered...more

4/10/2014 - DNA International Trade Agreements Myriad Patents USPTO

The USPTO Does Not Need the Onerous Proposed Attributable Owner Rules

The Federal Register Notice promulgating the proposed Attributable Owner rules offers some lofty justifications for the rules. Because the rules have been promulgated pursuant to a White House initiative, they are likely to...more

4/7/2014 - Patent Ownership Patents USPTO

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

A First Look at the USPTO 101 Training Slides

The USPTO has set up a new web page with resources for examining claims for patent subject matter eligibility, including a link to the slides used in training programs for Examiners in Technology Centers 1600 and 1700. While...more

3/24/2014 - Patents Training USPTO

USPTO Eases Requirements for Track I Prioritized Examination

In a Federal Register Notice issued March 5, 2014, the USPTO announced interim rules under the Track I prioritized examination program that ease the formal requirements for obtaining Track I prioritized examination of a new...more

3/21/2014 - Patent Examinations Patent Reform Patents USPTO

District Court Doubts Patent Eligibility of Myriad BRCA Claims

In a decision issued March 10, 2014, Judge Shelby of the U.S. District Court for the District of Utah denied Myriad’s motion for a preliminary injunction against Ambry Genetics Corp. While Ambry had challenged the validity of...more

3/19/2014 - Ambry AMP v Myriad BRCA Myriad Patent-Eligible Subject Matter Patents Preliminary Injunctions

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

USPTO Issues New Patent Subject Matter Eligibility Guidelines

The USPTO has issued new patent subject matter eligibility guidelines to aid examiners in applying the principles of Myriad and Prometheus to any claim “reciting or involving laws of nature/natural principles, natural...more

3/5/2014 - AMP v Myriad Mayo v. Prometheus Myriad Patent-Eligible Subject Matter Patents USPTO

Patent Term Adjustment and Double Patenting

The March 3, 2014 edition of BNA’s Patent, Trademark & Copyright Journal® — Daily Update included an interesting article by Qing (Becky) Lin about “Strategies for Minimizing Patent Term Loss Due to Double Patenting.” I agree...more

3/5/2014 - Patent Term Adjustment Patent Terms Patents USPTO

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

Do These Sequence Analysis Method Patents Satisfy Section 101?

According to an article on Law360, Bristol-Myers Squibb Co. is challenging the validity of two Genetic Technologies Ltd. patents on the basis that the claimed intron sequence analysis methods recite natural phenomena that do...more

2/7/2014 - AMP v Myriad Covered Business Method Patents Mayo v. Prometheus Myriad Patent Applications Patents SCOTUS

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

USPTO Proposes Real Party In Interest Patent Rules

A year after its “Roundtable on Proposed Requirements for Recordation of Real Party-in-Interest Information Throughout Application Pendency and Patent Term,” and six months after the White House Task Force on High-Tech Patent...more

1/28/2014 - Patent Applications Patent Ownership Patent Reform Patents USPTO

Patent Law Treaty Sets Minimum Two Month Response Periods

Since the Patent Law Treaty Implementation Act took effect on December 18, 2013, applicants may have noticed that they are being given a longer period of time to respond to certain Office Actions, such as Restriction...more

1/21/2014 - Deadlines Patent Applications Patent Law Treaty Patents USPTO

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

The Danger of Self-Colliding Divisional Applications in the EPO

Last week I had the honor of speaking at the 27th Annual Pharmaceutical/Chemical Patent Practice Update put on by the New Jersey Intellectual Property Law Association’s Chemical Practice Committee. The entire program was...more

12/19/2013 - Chemicals EPO EU Life Sciences Patents Pharmaceutical

Patent Reform: The Leahy Patent Transparency and Improvements Act

Now that the Goodlatte Innovation Act has passed the House, its provisions likely will be reconciled with the Patent Transparency and Improvements Act (S. 1720) that was introduced in the Senate by Senator Leahy (D-Vt.) on...more

12/17/2013 - Disclosure Requirements Double Derivative Claims First-to-File Innovation Act Inventors Obviousness Patent Reform Patents

Federal Circuit Invalidates Galderma Differin Patents

In Galderma Laboratories v. Tolmar, Inc., the Federal Circuit reversed the district court’s findings that the Orange Book-listed patents for Galderma’s Differin® 0.3% gel product were not invalid as obvious. In so doing, the...more

12/12/2013 - ANDA Obviousness Patents Pharmaceutical Prior Art

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