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Science, Computers & Technology Intellectual Property

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Rx IP Update - July 2017

by Smart & Biggar on

Supreme Court of Canada strikes down "promise doctrine", upholds AstraZeneca’s NEXIUM patent as useful - As previously reported, on June 30, 2017, the Supreme Court of Canada granted AstraZeneca’s appeal in the NEXIUM...more

Approved Biosimilar Products Around The world

Please see full chart below for approved biosimilar products around the world. ...more

Third Circuit Rules “McCarthy Test” Determines Ownership of Unregistered Trademarks

The Third Circuit has held that where a manufacturer and its exclusive distributor have no written contract designating which party owns an unregistered trademark, the “McCarthy test,” rather than the “first use test,” should...more

Judge Sleet Denies Defendants’ Motion To Transfer Venue In Patent Infringement Action

by Fox Rothschild LLP on

By Memorandum Opinion entered by The Honorable Gregory M. Sleet in Koniklijke Philips N.V. v. HTC Corp., Civil Action No. 15-1125-GMS (D.Del. July 18, 2017), the Court denied Defendants’ Joint Motion to Transfer Venue which...more

Biosimilar Uptake and Patent Litigation in Japan

Biosimilar uptake in Japan has been a bit mixed, but according to experts the volume shares of biosimilars suggests it could be a key market in years to come. The Pharmaceuticals and Medical Devices Agency (PMDA), which is...more

Pharma and Biologics Disputes in Canada—Big Changes for Big and Small Molecule Litigation

by Bennett Jones LLP on

The patent litigation that propels generic and biosimilar products to market will soon change dramatically. July 15, 2017, marked the release of long-awaited proposed amendments to the Patented Medicines (Notice of...more

Biosimilars in Europe

Europe has led the way globally with respect to biosimilar medicines since 2005. In that year, the European Medicines Agency (EMA) issued regulatory guidelines for the development and assessment of biosimilars....more

Unexpected Results of an Obvious Process are Non-obvious

In Millennium Pharmaceuticals, Inc., v. Sandoz Inc., [2015-2066, 2016-1008, 2016-1009, 2016-1010, 2016-1109, 2016-1110, 2016-1283, 2016-1762] (July 17, 2017), the Federal Circuit reversed the district court, finding that...more

Sandoz Files Two Petitions for IPR of Two AbbVie Patents Related to Humira

by Goodwin on

Sandoz has filed a petition for inter partes review of AbbVie’s U.S. Patent No. 8,802,100 (IPR2017-01823), which claims stable formulations of an anti-TNFa antibody identified in the petition as Humira® (adalimumab). Sandoz...more

Federal Circuit Finds That Fetal Diagnosis Claims Survive Written Description Attacks

by Knobbe Martens on

Stanford University v. The Chinese University of Hong Kong. Federal Circuit Appeal No. 2015-2011. Decided June 27, 2017. In an appeal from the Patent Trial and Appeal Board (PTAB), the Federal Circuit held that claims...more

PILLOW TALK: A Threat to Trade Secrets?

It turns out that, even in romantic relationships, some things are best kept secret. On July 7, 2017, Teva Pharmaceuticals USA, Inc. filed a complaint in the Eastern District of Pennsylvania alleging that a former executive...more

Coherus Challenges One AbbVie Humira Patent In Four PTAB Proceedings

by Foley & Lardner LLP on

I’ve written previously about sequential PTAB challenges to the same patent, but the dispute between Coherus Biosciences Inc. and AbbVie Biotechnology Ltd. has engendered six Inter Partes Review proceedings against the same...more

Is Your Website Accessible to Disabled Users? If Not, Courts Say You Could Be Violating the ADA

by Jaburg Wilk on

Yes, seriously. This is no longer a remote threat cautioned by overzealous lawyers. This is now a real threat that business owners should address now. If you own and/or operate a business, and the business has a website that...more

[Webinar] Post-Sales Restrictions After Impression Products v. Lexmark - August 2nd, 10:00am PT

The United States Supreme Court recently decided that a patent owner’s authorized sale of a patented item exhausts all patent rights to that item in Impression Products v. Lexmark International. Although this forecloses...more

The Impact of TC Heartland: Motion to Challenge Venue Waived Where Defendant Failed to Bring Motion with Other Rule 12(b) Motion

After this patent infringement action was filed, the defendant, BigCommerce, filed a motion to dismiss for failure to state a claim for relief pursuant to Fed.R.Civ.P. 12(b)(6). BigCommerce did not file a motion to transfer...more

US Supreme Court Says No to Post-Sale Restrictions Under Patent Law

by Latham & Watkins LLP on

The Court also holds that patent exhaustion applies to both foreign and domestic sales in a historic decision. Key Points: ..Patent rights are exhausted by sale even if the patentee purports to impose post-sale...more

Trademarks and Unfair Competition

by K&L Gates LLP on

It is my pleasure to present the second issue of our bulletin this year, which contains interesting and important information on trademarks, unfair competition and, in this issue, personal data. There have been big changes in...more

Federal Circuit Patent Updates - July 2017

by WilmerHale on

Millennium Pharmaceuticals v. Sandoz Inc. (No. 2015-2006, 7/17/17) (Newman, Mayer, O'Malley) - Newman, J.Reversing and vacating judgments of invalidity for obviousness in consolidated appeals. ...more

UK Supreme Court Breathes New Life to the Doctrine of Equivalents

by Dorsey & Whitney LLP on

In what is perhaps the most important development in English law of the last decade in this area of interpretation of patent claims and patent infringement, the UK Supreme Court gave new life to the doctrine of equivalents in...more

The Federal Court Reverses a Hindsight Reconstruction of An Important Pharmaceutical Invention

by BakerHostetler on

In Millennium Pharmaceuticals v. Sandoz, the Federal Circuit reversed the district court’s holding of obviousness of certain claims of Millennium-owned U.S. Patent No. 6,713,446 (the ‘446 patent), finding that the district...more

Millennium Pharm. v. Sandoz, Inc. – Revenge of the Chemical Judges

In the 2003 panel decision in Schering Corp. v. Geneva Pharm., Inc., the panel rejected “the contention that inherent anticipation requires recognition [of the claim element not found] in the prior art.” The claims were...more

EU Regulation on Cross-Border Portability of Online Content Services in Force

by Reed Smith on

After publication in the Official Journal of the European Union, Regulation (EU) 2017/1128 of the European Parliament and of the Council of 14 June 2017 on cross-border portability of online content services in the internal...more

Dietary Supplement Patents Swallowed by the Products of Nature Exception

by Brinks Gilson & Lione on

It has been just over three years since the U.S. Supreme Court adopted a threshold test for determining patentable subject matter eligibility under §101 in Alice Corp. Pty. Ltd. v. CLS Bank Int’l. 134 S. Ct. 2347 (2014). This...more

You Can Dance If You Want To

In borrowing a page from the '80s band "Men Without Hats," on June 12, 2017, the U.S. Supreme Court brought greater certainty for both biosimilar applicants and originator companies. In Sandoz Inc. v. Amgen Inc., the Supreme...more

Settling the Discoverability of Settlement Agreements

by McDermott Will & Emery on

Settlement agreement between a co-defendant and plaintiff in a Hatch-Waxman patent litigation matter is discoverable, ruled Judge Bryson in Allergan, Inc. v. Teva Pharmaceuticals, Inc. et al., Case No. 15-1455 (E.D. Tex.,...more

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