Kevin E. Noonan

Kevin E. Noonan

McDonnell Boehnen Hulbert & Berghoff LLP

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SCA Hygiene Products Aktiebolag v. First Quality Baby Products, LLC (2017)

The U.S. Supreme Court overturned another Federal Circuit decision today (this one having been decided en banc by the appellate court), in SCA Hygiene Products Aktiebolag v. First Quality Baby Products, LLC. The outcome was...more

3/22/2017 - Laches Patent Infringement Patent Litigation Patents Petrella v. MGM SCA Hygiene Products Aktiebolag v First Quality Baby Products Statute of Limitations The Patent Act

Judge Bryson Rules That Jury Need Not Be Apprised of Presumption of Validity Standard for Granted Claims

This is a time when the eternal verities are routinely called into question, particularly in patent law. For example, Judge Linn can state in a concurrence that, while there is no reason "in policy or statute" why the claims...more

3/16/2017 - Patent Invalidity Patent Litigation Patents

Los Angeles Biomedical Research Institute v. Eli Lilly & Co. (Fed. Cir. 2017); Eli Lilly & Co. v. Los Angeles Biomedical Research...

The Federal Circuit handed down two related opinions last week, Los Angeles Biomedical Research Institute v. Eli Lilly & Co. and Eli Lilly & Co. v. Los Angeles Biomedical Research Institute, one of which raised the question...more

3/7/2017 - America Invents Act Claim Construction Inter Partes Review (IPR) Proceeding Obviousness Patent Infringement Patent Litigation Patent Trial and Appeal Board Patents

Icon Health & Fitness, Inc. v. Strava, Inc. (Fed. Cir. 2017)

In an otherwise unremarkable albeit precedential decision, the Federal Circuit set forth an explication of when the Patent Trial and Appeal Board has, and has not, given the court enough information to determine whether its...more

2/28/2017 - America Invents Act Inter Partes Review (IPR) Proceeding Patent Litigation Patent Trial and Appeal Board Prior Art Substantial Evidence Standard

SCOTUS: Section 271(f)(1) Does not Embrace the Supply of a Single Component

In an opinion by Justice Sotomayor, the Supreme Court today reversed the Federal Circuit's decision in Life Tech. Corp. v. Promega Corp. involving the proper scope of infringement under 35 U.S.C. § 271(f)(1). This provision...more

2/23/2017 - Life Technologies v Promega Patent Infringement Patent Litigation Patents Section 271

PTAB Decides CRISPR Interference in Favor of Broad Institute -- Their Reasoning

On February 15, 2017, the Patent Trial and Appeal Board (PTAB) of the U.S. Patent and Trademark Office rendered judgment that there was no interference-in-fact between the claims in interference between the Regents of the...more

2/17/2017 - CRISPR Patent Litigation Patent Trial and Appeal Board Patents

Shire Development LLC v. Watson Pharmaceuticals Inc. (Fed. Cir. 2017)

The Federal Circuit, in its third opinion involving ANDA litigation between these parties over Shire's LIALDA® (mesalamine) product, has apparently brought this case to a close in generic drug maker Watson's favor, in a...more

2/15/2017 - ANDA Patent Infringement Patent Litigation Patents Pharmaceutical Industry Pharmaceutical Patents Shire Development v Watson

What to Do about Section 101? IPO Provides Its Answer

In the aftermath of the Supreme Court's decision not to grant certiorari in Sequenom v. Ariosa (and in some quarters, considerably before that), many have voiced the opinion that only Congress can resolve the acknowledged...more

2/10/2017 - Ariosa Certiorari Intellectual Property Owners Association Patent-Eligible Subject Matter Patents Section 101 Sequenom

Cumberland Pharmaceuticals Inc. v. Mylan Institutional LLC (Fed. Cir. 2017)

The Federal Circuit had the opportunity to provide guidance on a question now in its twilight: what is the standard for determining who is the true inventor under pre-AIA 35 U.S.C. § 102(f), in Cumberland Pharmaceuticals...more

2/1/2017 - America Invents Act ANDA FDA Mylan Pharmaceuticals Patent Infringement Patent Invalidity Patent Litigation Patents

Eli Lilly & Co. v. Teva Parenteral Medicines, Inc. (Fed. Cir. 2017)

From the nadir of the Supreme Court's allegations that the Federal Circuit "fundamentally misunderstood" the law of inducing infringement in Limelight Networks, Inc. v. Akamai Technologies, Inc., the nation's specialized...more

1/31/2017 - Akamai Technologies Eli Lilly Induced Infringement Limelight Limelight Networks Patent Infringement Patent Litigation Patents Prior Art SCOTUS

Why President Trump Is Wrong about Trans-Pacific Partnership Agreement

On Monday, President Trump made good on one of his signature campaign promises and notified the other twelve countries (Australia, Brunei, Canada, Chile, Japan, Malaysia, Mexico, New Zealand, Peru, Singapore, and Vietnam)...more

1/27/2017 - NAFTA Pharmaceutical Industry Trade Agreements Trans-Pacific Partnership Trump Administration

Evidence of Geographic Change in Central America from Genome Studies of Eciton Ant Species

"It was a sight no one could ever forget. Over the range of hills, as far as eye could see, crept a darkening hem, ever longer and broader, until the shadow spread across the slope from east to west, then downwards,...more

1/24/2017 - Life Sciences

FDA Issues Guidance Regarding Interchangeability of Biosimilar and Biologic Drugs

On Tuesday, the U.S. Food and Drug Administration released its latest Guidance for Industry relating to the biosimilar application process set forth in the Biologic Price Competition and Innovation Act of 2009 (BCPCIA). This...more

1/19/2017 - Biologics Biosimilars BPCIA FDA Interchangeability Pharmaceutical Industry

FDA Issues Guidance Regarding Biologic Drug Naming

Late last week, the U.S. Food and Drug Administration released its latest Guidance for Industry relating to the biosimilar application process set forth in the Biologic Price Competition and Innovation Act of 2009 (BCPCIA). ...more

1/18/2017 - Biosimilars BPCIA FDA Pharmaceutical Industry

Ex parte Itagaki and Nishihara (PTAB 2016)

A great deal of angst has been generated by the Patent Trial and Appeal Board's decision, in Ex parte Itagaki and Nishihara, regarding the panel's application of Section 101 (sua sponte as a new ground of rejection under 37...more

1/17/2017 - Alice Corporation Ex Parte Patent Litigation Patent Trial and Appeal Board Patent-Eligible Subject Matter Patents Section 101

FDA Issues Newest Guidance Regarding Biosimilar Application Process

On December 29, the U.S. Food and Drug Administration released its latest Guidance for Industry relating to the biosimilar application process set forth in the Biologic Price Competition and Innovation Act of 2009 (BCPCIA). ...more

1/12/2017 - Biosimilars BPCIA FDA Pharmaceutical Industry

Addressing Increased Drug Costs -- A Proposal

The New York Times in a recent video (see "'Could You Patent the Sun?'") has returned to its theme against patenting, particularly with regard to patents for life-saving drugs. This time the paper invokes the meme of Jonas...more

1/3/2017 - Drug Pricing Patents Pharmaceutical Industry Pharmaceutical Patents Prescription Drugs

Solicitor General Recommends that Supreme Court Grant Certiorari in Sandoz v. Amgen

The Federal Circuit's decision in Amgen v. Sandoz, regarding litigation "under" (or at least based upon) the Biologics Price Control and Innovation Act (BPCIA), interpreted for the first time two provisions of the law. The...more

12/13/2016 - Amgen Biologics Price Competition and Innovation Act of 2009 Biosimilars BPCIA Patent Dance Patent Infringement Patent Litigation Patents Pharmaceutical Industry Pharmaceutical Patents Popular Sandoz Sandoz v Amgen

The Failed Trans-Pacific Partnership: What It Might Have Meant To Biotech and Pharma

The Trans-Pacific Partnership (TPP) was the latest in a series of multination international agreements aimed at reducing trade barriers and promoting global free trade. Most of these agreements are “regional,” like the North...more

12/12/2016 - Copyright Enforcement Intellectual Property Protection Patents Popular Trade Agreements Trademarks Trans-Pacific Partnership

In re Nuvasive (Fed. Cir. 2016)

In a precedential decision the Federal Circuit vacated and remanded a Patent Trial and Appeal Board decision invalidating claims from Nuvasive's U.S. Patent No. 8,361,156 in an inter partes review instituted on a petition by...more

12/9/2016 - Inter Partes Review (IPR) Proceeding NuVasive Obviousness Patent Applications Patent Invalidity Patent Trial and Appeal Board Patents Prior Art

Perfect Surgical Techniques, Inc. v. Olympus America, Inc. (Fed. Cir. 2016)

Diligence is a patent concept whose applicability was severely restricted under the changes in U.S. patent law created under the Leahy-Smith America Invents Act. Diligence is important when determining whether an invention...more

12/1/2016 - America Invents Act Inter Partes Review (IPR) Proceeding Obviousness Patent Applications Patent Invalidity Patent Trial and Appeal Board Patents

Roxane Laboratories, Inc. v. Camber Pharmaceuticals Inc. (Fed. Cir. 2016)

The patent prosecutor's art requires exquisite foresight, if not prescience, in balancing the requirements for specificity needed to satisfy the disclosure requirements of § 112 while anticipating efforts to design around the...more

11/29/2016 - Appeals Obviousness Patent Infringement Patent Litigation Patents Pharmaceutical Patents Roxane Laboratories

Does President Trump Provide an Opportunity for Patent-friendly Policies?

Now that the dramatic change in the political climate that is the election of Donald Trump as President has had time to settle, it may be fruitful to consider whether the election provides opportunities for technology-based...more

11/18/2016 - Patents Popular Presidential Elections Trump Administration

Massachusetts Institute of Technology v. Shire Pharmaceuticals, Inc. (Fed. Cir. 2016)

The Federal Circuit recently affirmed a district court's claim construction and determination that claim terms were not indefinite in Massachusetts Institute of Technology v. Shire Pharmaceuticals, Inc....more

10/26/2016 - Claim Construction Patent Infringement Patent Invalidity Patent Litigation Patents Pharmaceutical Industry Prior Art

Medtronic, Inc. v. Robert Bosch Healthcare Systems, Inc. (Fed. Cir. 2016) - Federal Circuit Denies Petition for Rehearing in...

One of the aspects of inter partes review that differed from other post-grant review proceedings before the Board of Patent Appeals and Interferences (succeeded by the Patent Trial and Appeal Board) is a requirement for...more

10/24/2016 - America Invents Act Cuozzo Speed Technologies v Lee Inter Partes Review (IPR) Proceeding Medtronic Patent Infringement Patent Litigation Patent Trial and Appeal Board Patents

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