Specification and Prosecution History Narrow the Plain Meaning of “0.001%.”
The claim at issue included a concentration of 0.001% of PVP. The term’s plain meaning is 0.001% within one significant figure (i.e., 0.0005% to...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
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
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
The Federal Circuit issued a decision in Baxalta Inc. v. Genentech, Inc., ___ F.3d __, 2020 WL 5048435 (Fed. Cir. Aug. 27, 2020) construing the terms “antibody” and “antibody fragment.” According to the decision:
Antibody:...more
One of the most interesting and promising areas of medical research today involves the use of T-Cell therapies, which offer hope and promise as a new approach to cancer treatment. It has also made for a robust climate for...more
7/21/2020
/ Biotechnology ,
Damages ,
Intellectual Property Litigation ,
Jury Verdicts ,
Medical Research ,
Patent Infringement ,
Patent Litigation ,
Patent Royalties ,
Patents ,
Pharmaceutical Industry ,
Pharmaceutical Patents ,
Written Descriptions
The Federal Circuit held that a prima facie case of obviousness can be established by prior art ranges for solutions of structurally and functionally similar compounds that overlap with a claimed range in Valeant...more
What happens when your competitors infringe your patent for golf equipment – then declare bankruptcy to avoid paying up? In this episode, Harris Beach intellectual property (IP) attorneys share the story behind the $12...more
2/6/2020
/ Commercial Bankruptcy ,
Contempt ,
Design Patent ,
Discovery ,
Intellectual Property Protection ,
Motion to Compel ,
Patent Infringement ,
Patent Litigation ,
Patents ,
Piercing the Corporate Veil ,
Shell Corporations ,
Summary Judgment ,
Willful Infringement