McDermott is committed to providing insightful commentary on intellectual property (IP) developments from around the world to our Japanese clients. In light of that effort, we are pleased to announce that our free webinar...more
Addressing the disclosure-dedication doctrine, the US Court of Appeals for the Federal Circuit concluded that the disclosure-dedication doctrine barred a patent owner’s claim of infringement under the doctrine of equivalents...more
Addressing the issue of whether litigation costs that exceed potential damages necessarily render a case exceptional, the US Court of Appeals for the Federal Circuit affirmed a district court’s decision that they did not....more
10/4/2019
/ Appeals ,
Attorney's Fees ,
Exceptional Case ,
Injunctive Relief ,
Jury Trial ,
Litigation Fees & Costs ,
Lost Profits ,
Patent Infringement ,
Patent Invalidity ,
Patent Litigation ,
Patents ,
Summary Judgment
In reversing a district court decision as to whether a validity issue remained justiciable after the challenged claims were disclaimed, the US Court of Appeals for the Federal Circuit explained that the patent owner’s...more
10/2/2019
/ Appeals ,
Article III ,
Claim Disclaimer ,
Claim Preclusion ,
Inter Partes Review (IPR) Proceeding ,
Jurisdiction ,
Justiciable Controversy ,
Lack of Authority ,
Mootness ,
Motion to Amend ,
Obviousness ,
Patent Infringement ,
Patent Invalidity ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Patents ,
Pharmaceutical Patents ,
Reversal ,
Treatment Method Patents
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
11/4/2016
/ Abbreviated New Drug Application (ANDA) ,
Antitrust Violations ,
Appeals ,
Direct Infringement ,
Food and Drug Administration (FDA) ,
HIV ,
Indirect Infringement ,
Inventors ,
Manufacturers ,
Motion to Dismiss ,
On-Sale Bar ,
Patent Infringement ,
Patent Litigation ,
Patents ,
Pharmaceutical Industry ,
Product Hopping ,
Reverse Payments ,
Sherman Act
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
7/19/2016
/ Abbreviated New Drug Application (ANDA) ,
Actavis Inc. ,
Amgen ,
Assignments ,
Attorney-Client Privilege ,
Biosimilars ,
BPCIA ,
Federal Rule 12(b)(6) ,
Food and Drug Administration (FDA) ,
Hospira ,
Litigation Privilege ,
Merck ,
Method Claims ,
Motion to Dismiss ,
Obviousness ,
Patent Dance ,
Patent Infringement ,
Patents ,
Personal Jurisdiction ,
Pharmaceutical Industry ,
Product Exclusivity ,
Reverse Payment Settlement Agreements ,
Sandoz v Amgen ,
Summary Judgment ,
Unclean Hands ,
Work-Product Doctrine