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Prior Product Use Limits “Pharmaceutical Batches” Claims to Process Disclosed in Patent Example

The US Court of Appeals for the Federal Circuit concluded that claims directed to “pharmaceutical batches” must be produced in accordance with a particular patent example, upholding a finding of non-infringement as to one...more

Exceptional Case Rulings Establish Deference to District Court’s Manifest

Addressing the issue of whether a particular case was “exceptional” because plaintiff’s inventorship challenge failed in part because of admissions from plaintiff’s witness, the US Court of Appeals for the Federal Circuit...more

Federal Circuit Evaluates PTAB Reliance on Expert Testimony to Satisfy Substantial Evidence

Addressing for the first time the extent to which the Patent Trial and Appeal Board (PTAB) may rely on expert testimony to satisfy the substantial evidence standard of review, the US Court of Appeals for the Federal Circuit...more

Evidence to Negate PGR Eligibility Based on Filing Date May Not Be Sufficient to Establish Filing Date for Purposes of Antedating...

Addressing for the first time the sufficiency of evidence needed to establish an earlier priority date for purposes of post-grant review (PGR) eligibility versus the evidence required to antedate a prior art reference, the...more

ANDA Update - Volume 2, Number 3

On-Sale Bar Is No Bar for Selling Manufacturing Services to the Inventor - Addressing what constitutes an invalidating “sale” under § 102(b), the US Court of Appeals for the Federal Circuit sitting en banc affirmed the...more

When Applying Alice, Evaluate the Invention as a Whole

Addressing for the first time eligibility issues under 35 USC § 101 for a method of preserving organ cells, the US Court of Appeals for the Federal Circuit reversed the district court’s ruling that the claims were directed to...more

In First Set of Post-Grant Review Decisions, PTAB Strikes Down Patents Based on Alice

Addressing for the first time the issue of patent validity in the context of an America Invents Act post-grant review, the Patent Trial and Appeal Board (PTAB or Board) invalidated two livestock patents as unpatentable under...more

ANDA Update - Volume 2, Number 2

180-Day Notice Period for Biosimilar Approval Is Always Mandatory and Enforceable by Injunction - Amgen Inc., v. Apotex Inc., (Fed. Cir. July 5, 2016) - A year after analyzing the patent dance and notice...more

No Institution Based Solely on Unsupported Expert Testimony (Johns Manville Corporation v. Knauf Insulation Inc.)

Addressing whether a petitioner’s unsupported expert testimony, unchallenged by the patent owner, is sufficient to carry an inter partes review (IPR) petition at least through the institution phase, the Patent Trial and...more

Petitioners: Put All Needed Evidence in Your Petition - Redline Detection, LLC v. Star Envirotech, Inc.

Addressing the rules governing admissibility of supplemental information during an inter partes review (IPR) proceeding, the U.S. Court of Appeals for the Federal Circuit affirmed the decision of the Patent Trial and Appeal...more

Federal Circuit Limits the Safe Harbor Provision and the Scope of § 271(g) - Momenta Pharm., Inc. v. Teva Pharm., Inc. and...

Addressing issues of infringement under 35 U.S.C. § 271(g) and the safe harbor provision of § 271(e), the U.S. Court of Appeals for the Federal Circuit upheld the district court’s ruling of non-infringement under § 271(g) and...more

Estoppel in the Context of Inter Partes Review Proceedings - Apotex Inc. v. Wyeth LLC

The Patent Trial and Appeal Board (PTAB or Board) interpreted the estoppel provision of 35 U.S.C. § 315(e)(1) to deny institution of inter partes review in a second petition by the same petitioner against the challenged...more

PTAB Findings Get Lots of Deference - Trs. of Columbia University v. Illumina, Inc.

In a non-precedential opinion, the U.S. Court of Appeals for the Federal Circuit heavily deferred to the factual findings of the Patent Trial and Appeal Board (PTAB or Board) in affirming the PTAB’s decision of invalidity in...more

District Courts Have No Jurisdiction to Review Board Decision for Interferences Declared after September 15, 2012 - Biogen MA,...

Addressing the impact of the America Invents Act (AIA) on judicial review of interference proceedings, the U.S. Court of Appeals for the Federal Circuit confirmed that a district court may not review Patent Trial and Appeal...more

“Removed” Versus “Removable” Controls Infringement Inquiry

EMD Millipore Corp. v. Allpure Technologies, Inc. - Addressing a district court’s summary judgment of infringement, the U.S. Court of Appeals for the Federal Circuit affirmed the district court’s summary judgment,...more

Obviousness Only Requires Reasonable Expectation of Success of One Compound Encompassed by Broad Genus Claims

Allergan, Inc. v. Apotex Inc. - Addressing the issue of showing a reasonable expectation of success when making obviousness combinations in the context of broad genus claims, the U.S. Court of Appeals for the Federal...more

Sanctions Are Appropriate for Factual Misrepresentation and Abuse of Judicial Process

Monsanto Co. v. E.I. Du Pont de Nemours & Co. - Addressing the issue of sanctions following a finding that a litigant abused the judicial process and acted in bad faith, the U.S. Court of Appeals for the Federal...more

On Remand, Federal Circuit Comes Around to Supreme Court’s Way of Thinking

Medtronic Inc. v. Boston Scientific Corp. - On a remand from the Supreme Court, the U.S. Court of Appeals for the Federal Circuit, addressing the issue of the sufficiency of infringement evidence, affirmed a district...more

IP Update, Vol. 16, No. 9, September 2013

Patents/Preliminary Injunction: Preliminary Injunction Ordered Based on Appellate Claim Construction Aria Diagnostics, Inc. v. Sequenom, Inc. - Addressing a preliminary injunction filed by a defendant in a...more

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