In United Therapeutics Corporation v. Liquidia Technologies, Inc., the U.S. Court of Appeals for the Federal Circuit held that a claim to a method of treatment for pulmonary hypertension was not invalid for lack of enablement...more
In Novartis Pharmaceuticals Corp. v. Accord Healthcare, Inc., the U.S. Court of Appeals for the Federal Circuit (“Federal Circuit”) held patent claims invalid for lack of written description where a negative limitation was...more
Examples in Specification Did Not Provide Written Description Support for Bounded or Closed Ranges -
The Federal Circuit Court of Appeals affirmed the Patent Trial and Appeal Board's determination that a patent...more
The Federal Circuit Court of Appeals reversed a decision of the U.S. Patent Trial and Appeal Board (“Board”), finding a patent on a method of disinfection obvious. The reversal was based in part on a finding that the Board’s...more
Functional claims took another hit at the Federal Circuit Court of Appeals. The patent at issue broadly claimed a three-part chimeric antigen receptor including all scFvs that bind to any target. The Court found written...more
T-Cell Therapies offer enormous promise in the development of novel approaches to treating cancer. A federal appeals court recently heard arguments in a patent dispute between two companies that have emerged as leaders in...more
Based on the denial of rehearing and the Amgen v. Sanofi decision itself, inventors should:
Claim as many separate species as possible.
Attempt to fashion genus claims that have a limited number of members supported...more
Whether you are pursuing patents on your new technology, thinking about bringing patent infringement litigation or defending patent infringement claims in court, knowing the important developments in patent law will help you...more
2/26/2021
/ Appeals ,
Certiorari ,
Corporate Counsel ,
En Banc Review ,
Estoppel ,
Food and Drug Administration (FDA) ,
Inventors ,
Patent Infringement ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Patent Validity ,
Patent-Eligible Subject Matter ,
Patents ,
Pharmaceutical Patents ,
SCOTUS ,
Sovereign Immunity
In Biogen MA, Inc. v. EMD Serono, Inc., the Court of Appeals for the Federal Circuit has reconfirmed, and to an extent clarified, that an existing product and known method of treatment using that product are not patentable...more
In Immunex Corp. v. Sandoz, Inc. No. 20-1037 (July 1, 2020), the Federal Circuit Court of Appeals addressed whether references to publicly available databases or deposits could provide adequate written description support for...more
Courts have a general policy prohibiting licensees from challenging patent validity (even though the licensee may have voluntarily agreed to forego challenges as a part of the negotiation). In Lear, Inc. v. Atkins, the...more
The United States Court of Appeals for the Federal Circuit (“Federal Circuit”) addressed the pleading standards for direct infringement, doctrine of equivalents infringement, indirect infringement and willful infringement in...more
3/8/2018
/ Amended Complaints ,
Appeals ,
Claim Construction ,
Direct Infringement ,
Dismissals ,
Doctrine of Equivalents ,
Failure To State A Claim ,
FRCP 8 ,
Indirect Infringement ,
Patent Infringement ,
Patents ,
Pleading Standards ,
Reversal ,
Twombly/Iqbal Pleading Standard ,
Willful Infringement