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Infringement Sandoz

Foley & Lardner LLP

Exclusive License Can Raise Obviousness-Type Double Patenting Issues

Foley & Lardner LLP on

The judicially-created doctrine of obviousness-type double patenting is one of the most vexing doctrines of U.S. patent law. In Immunex Corp. v Sandoz Inc., the Federal Circuit added another layer of complexity to the...more

Foley & Lardner LLP

Federal Circuit Finds “Molecular Weight” to Be Insolubly Ambiguous

Foley & Lardner LLP on

In Teva Pharmaceuticals USA, Inc. v. Sandoz, Inc., the Federal Circuit invalidated a number of claims directed to a polymer defined by its “molecular weight” because the term was ambiguous, and Applicants’ conflicting...more

McDonnell Boehnen Hulbert & Berghoff LLP

Teva Pharmaceuticals USA, Inc. v. Sandoz, Inc. (Fed. Cir. 2013)

A claim term that can have different meanings or values depending on the method used to measure it renders the claim indefinite because it is impossible for a potential infringer to discern the boundaries of the claim. This...more

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