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
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
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