There have been only a few precedential decisions from the Federal Circuit related to obviousness since spring sprung. While these decisions have produced mixed results for the lower courts, clinical study protocols have held...more
5/2/2024
/ Apotex ,
Clinical Trials ,
Inventions ,
Janssen Pharmaceuticals ,
Motivation to Combine ,
Obviousness ,
Patent Litigation ,
Patents ,
Pharmaceutical Patents ,
Remand ,
Reversal ,
SCOTUS ,
Teva Pharmaceuticals
Last week in Luv n’ Care, Ltd. v. Laurain, the Federal Circuit put the lower court in time out and probably made Eazy-PZ, LLC (EZPZ) cry just a little bit harder. In this precedential decision involving U.S. Patent No....more
4/18/2024
/ Appeals ,
Attorney's Fees ,
Inequitable Conduct ,
Intellectual Property Protection ,
Inventions ,
Lanham Act ,
Patent Litigation ,
Patents ,
Precedential Opinion ,
Unfair Competition ,
USPTO ,
Vacated
With only two precedential IP decisions coming down from the Federal Circuit in the second half of September, pickings were a little slim for blogging. That said, the opinion in Baxalta v. Genentech (2022-1461) — drafted by...more
Last week, the Federal Circuit issued another precedential decision on inventorship. However, unlike in HIP, Inc. v. Hormel Foods Corporation (22-1696) where the appellate panel found the purported inventor’s contribution to...more
6/14/2023
/ Appeals ,
Collaboration ,
Contributory Infringement ,
Corroboration ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
Inventions ,
Inventors ,
Joint Inventors ,
Patent Infringement ,
Patent Litigation ,
Patents ,
USPTO
The questions from the high court during oral argument at the end of March 2023 were fairly telling of the 9-0 ruling that came down yesterday in Amgen, Inc. v. Sanofi (No. 21-757). In fact, it did not come as much of a...more
5/19/2023
/ Amgen ,
Biotechnology ,
Enablement Inquiries ,
Healthcare ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
Inventions ,
Judicial Proceedings ,
Life Sciences ,
Patent Invalidity ,
Patent Litigation ,
Patents ,
Pharmaceutical Industry ,
Pharmaceutical Patents ,
Sanofi ,
SCOTUS ,
Section 112
Efforts by HIP, Inc. to have David Howard added as an inventor to Hormel’s U.S. Patent No. 9,980,498 (Bacon Patent) were recently scorched by the Federal Circuit. More specifically, in HIP, Inc. v. Hormel Foods Corporation...more
The Federal Circuit recently reversed a lower court’s summary judgment that a medical device design patent was not invalid under the on-sale bar. As a result, the patent owner (Junker) lost the $1.25M infringement damages...more
2/24/2022
/ Appeals ,
Damages ,
Design Patent ,
Inventions ,
Inventors ,
Medical Devices ,
On-Sale Bar ,
Patent Infringement ,
Patent Litigation ,
Reversal ,
Summary Judgment
As discussed in a previous blog post, since Mayo v. Prometheus, critics of medical treatment patents have advocated that such patents should be banned from patenting. While such arguments seemed futile based on the consistent...more
9/3/2019
/ CAFC ,
Diagnostic Method ,
Intellectual Property Protection ,
Inventions ,
Myriad-Mayo ,
Patent Invalidity ,
Patent Litigation ,
Patent-Eligible Subject Matter ,
Patents ,
Personalized Medicine ,
Pharmaceutical Patents ,
Section 101 ,
Treatment Method Patents