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Quest Diagnostics Investments LLC v. Hirshfeld (Fed. Cir. 2021)

Earlier today, the Federal Circuit affirmed the final determination by the U.S. Patent and Trademark Office Patent Trial and Appeal Board finding claims 1, 2, and 4-14 of U.S. Patent No. 8,409,862 unpatentable as either...more

In re Fulton (Fed. Cir. 2020)

Last month, the Federal Circuit affirmed the final determination by the U.S. Patent and Trademark Office Patent Trial and Appeal Board affirming the Examiner's rejection of certain claims in U.S. Patent Application No....more

Boehringer Ingelheim Pharmaceuticals Inc. v. Mylan Pharmaceuticals Inc. (Fed. Cir. 2020)

Last month, in Boehringer Ingelheim Pharmaceuticals Inc. v. Mylan Pharmaceuticals Inc., the Federal Circuit reversed a decision by the U.S. District Court for the District of New Jersey finding certain claims of U.S. Patent...more

BioDelivery Sciences International, Inc. v. Aquestive Therapeutics, Inc. (Fed. Cir. 2020)

Last week, the Federal Circuit issued a per curiam Order in BioDelivery Sciences International, Inc. v. Aquestive Therapeutics, Inc., denying a petition for a panel rehearing or rehearing en banc filed by Appellant...more

Aker Biomarine Antarctic AS v. Rimfrost AS (Fed. Cir. 2019)

Earlier this month, in Aker Biomarine Antarctic AS v. Rimfrost AS, the Federal Circuit affirmed two final written decisions by the U.S. Patent and Trademark Office Patent Trial and Appeal Board finding claims 1-19 of U.S....more

Athena Diagnostics v. Mayo Collaborative Services -- The Dissents

On July 3, the Federal Circuit issued a per curiam Order in Athena Diagnostics, Inc. v. Mayo Collaborative Services, LLC, denying a petition for rehearing en banc filed by Plaintiffs-Appellants Athena Diagnostics, Inc.,...more

Neptune Generics, LLC v. Eli Lilly & Co. (Fed. Cir. 2019)

Last week, in Neptune Generics, LLC v. Eli Lilly & Co., the Federal Circuit affirmed a determination by the U.S. Patent and Trademark Office Patent Trial and Appeal Board in an inter partes review that claims 1-22 of U.S....more

Colas Solutions, Inc. v. Blacklidge Emulsions, Inc. (Fed. Cir. 2019)

Last month, in Colas Solutions, Inc. v. Blacklidge Emulsions, Inc., the Federal Circuit affirmed determinations by the U.S. Patent and Trademark Office Patent Trial and Appeal Board in two inter partes reviews that certain...more

In re Ikeda Food Research Co. (Fed. Cir. 2019)

Last week, in In re Ikeda Food Research Co., the Federal Circuit affirmed a decision by the U.S. Patent and Trademark Office Patent Trial and Appeal Board affirming the Examiner's rejection in an ex parte reexamination of...more

Top Stories of 2018: #11 to #15

After reflecting upon the events of the past twelve months, Patent Docs presents its 12th annual list of top patent stories. For 2018, we identified fifteen stories that were covered on Patent Docs last year that we believe...more

Endo Pharmaceuticals Solutions, Inc. v. Custopharm Inc. (Fed. Cir. 2018)

Last month, in Endo Pharmaceuticals Solutions, Inc. v. Custopharm Inc., the Federal Circuit affirmed a decision by the U.S. District Court for the District of Delaware finding that Defendant-Appellant Custopharm Inc. had not...more

In re Janssen Biotech, Inc. (Fed. Cir. 2018)

Last week, the Federal Circuit affirmed the rejection by the U.S. Patent and Trademark Office's Patent Trial and Appeal Board of claims 1-7 of U.S. Patent No. 6,284,471 as being unpatentable under the doctrine of...more

Eli Lilly and Company v. Perrigo Co. (Fed. Cir. 2017)

In an appeal decided last month, the Federal Circuit affirmed a decision by the District Court for the Southern District of Indiana finding claim 20 of U.S. Patent No. 8,435,944 to be invalid as obvious. The panel also...more

Nevro Corp. v. Boston Scientific Corp. (N.D. Cal. 2017)

Duty to Disclose Does Not Include Duty to Respond to Examiner Confusion - Earlier this month, in Nevro Corp. v. Boston Scientific Corp., District Judge Vince Chhabria of the U.S. District Court for the Northern District of...more

In re Depomed, Inc. (Fed. Cir. 2017)

Last month, in In re Depomed, Inc., the Federal Circuit affirmed the determination by the U.S. Patent and Trademark Office Patent Trial and Appeal Board that two instituted grounds in an inter partes review rendered claims 1,...more

Ariosa Diagnostics v. Verinata Health, Inc. (Fed. Cir. 2015)

Last month, in Ariosa Diagnostics v. Verinata Health, Inc., the Federal Circuit vacated the decisions of the Patent Trial and Appeal Board concluding that Appellant Ariosa Diagnostics had not met its burden of proving that...more

Amicus Briefs in Support of Sequenom's Petition for Rehearing En Banc: Coalition for 21st Century Medicine

Earlier this summer, in Ariosa Diagnostics, Inc. v. Sequenom, Inc., the Federal Circuit affirmed a decision by the District Court for the Northern District of California granting summary judgment of invalidity of the asserted...more

AbbVie Inc. v. Mathilda & Terence Kennedy Institute of Rheumatology Trust (Fed. Cir. 2014)

Last month, in AbbVie Inc. v. Mathilda & Terence Kennedy Institute of Rheumatology Trust, the Federal Circuit affirmed a determination by the District Court for the Southern District of New York that U.S. Patent No....more

AstraZeneca LP v. Breath Ltd. (Fed. Cir. 2013)

In an appeal decided last month, the Federal Circuit reversed and remanded a decision of noninfringement by the District Court for the District of New Jersey with respect to U.S. Patent No. 7,524,834, and affirmed the...more

Consumer Watchdog Argues That WARF Stem Cell Patent Is Invalid under ยง 101

Last month, Consumer Watchdog filed its opening brief in an appeal of a Board decision affirming the patentability of U.S. Patent No. 7,029,913, arguing that the claims of the '913 patent are invalid because they cover...more

In re Hubbell (Fed. Cir. 2013)

In a 2-1 decision issued earlier today, the Federal Circuit affirmed a determination by the Board of Patent Appeals and Interferences upholding the rejection of the claims of U.S. Application No. 10/650,509 for...more

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