Late last week in Natera, Inc. v. NeoGenomics Laboratories, Inc. (24-1324), the Federal Circuit affirmed a preliminary injunction ruling from the lower court that mostly prohibits NeoGenomics from selling its oncology test...more
The Supreme Court is set to hear oral arguments in Amgen, Inc. v. Sanofi (No. 21-757) on Monday, March 27, 2023. The highly contentious question before the high court focuses what an applicant must show to meet the enablement...more
3/24/2023
/ Appeals ,
Claim Construction ,
Enablement Inquiries ,
Innovation Patent ,
Oral Argument ,
Patent Litigation ,
Patents ,
Pharmaceutical Patents ,
SCOTUS ,
Section 112 ,
Written Descriptions
Last week, the Federal Circuit confirmed that Idenix Pharmaceuticals will not be the proud recipient of what was previously regarded as the largest damages award ever recorded in a U.S. patent case. In fact, the majority’s...more
The legal meaning of the transition language “consisting essentially of” is well-established in Federal Circuit case law and is generally construed to mean that the composition or formulation (a) necessarily includes the...more
10/21/2019
/ Claim Construction ,
Definiteness ,
Indefiniteness ,
Nautilus Inc. v. Biosig Instruments ,
Novelty ,
Patent Infringement ,
Patent Litigation ,
Patents ,
Prior Art ,
SCOTUS ,
Section 112
The Federal Circuit recently reversed a lower court’s ruling of validity under the § 112 written description requirement effectively opening the door for a number of generic drug manufacturers to enter the market with a...more
5/24/2019
/ Abbreviated New Drug Application (ANDA) ,
Claim Construction ,
Patent Infringement ,
Patent Validity ,
Patents ,
Pharmaceutical Industry ,
Pharmaceutical Patents ,
Precedential Opinion ,
Prior Art ,
Section 103 ,
Section 112 ,
Written Descriptions
Venue selection has been a primary focus for the past few years in patent infringement cases. However, a recent Federal Circuit decision serves as a reminder that a court must first be found to be able to exercise personal...more
On October 10, 2018, the United States Patent and Trademark Office (USPTO) announced that it will issue a final rule changing the claim construction standard for interpreting claims in inter partes review (IPR), post-grant...more
10/16/2018
/ America Invents Act ,
Claim Construction ,
Covered Business Method Patents ,
Covered Business Method Proceedings ,
Final Rules ,
Inter Partes Review (IPR) Proceeding ,
International Trade Commission (ITC) ,
Patent Invalidity ,
Patent Trial and Appeal Board ,
Phillips Standard ,
Post-Grant Review ,
USPTO
After having its complaint for patent infringement dismissed for failure to state a claim and being denied its request to file an amended complaint in the Middle District of Georgia, Disc Disease Solutions turned to the...more
5/17/2018
/ Amended Complaints ,
Appeals ,
Claim Construction ,
Complaint Procedures ,
Dismissal With Prejudice ,
Failure To State A Claim ,
Federal Rule 12(b)(6) ,
Motion for Reconsideration ,
Motion to Amend ,
Patent Infringement ,
Patent Litigation ,
Patents ,
Pleading Standards ,
Technology Sector ,
Twombly/Iqbal Pleading Standard
After having its complaint for patent infringement dismissed for failure to state a claim and being denied its request to file an amended complaint in the Middle District of Georgia, Disc Disease Solutions turned to the...more
5/4/2018
/ Appeals ,
Claim Amendments ,
Claim Construction ,
Federal Rule 12(b)(6) ,
Federal Rules of Civil Procedure ,
Form 18 ,
Motion to Dismiss ,
Patent Infringement ,
Patent Litigation ,
Patents ,
Pleading Standards ,
Twombly/Iqbal Pleading Standard