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Federal Circuit Finds Orally Disintegrating Drug Formulation Obvious

In Bayer Pharma AG v. Watson Labs., Inc., No. 2016-2169 (Fed. Cir. Nov. 1, 2017), the Federal Circuit reversed the district court’s conclusion that certain claims of Bayer’s patent covering Staxyn would not have been obvious...more

Federal Circuit Casts Doubt on Antibodies Claimed by Epitope

In Amgen Inc. v. Sanofi, No. 2017-1480, the Federal Circuit reversed and remanded for a new trial because the district court (1) incorrectly excluded post-priority-date evidence regarding written description and enablement,...more

Marshall, We Have a Problem: Texas Rocket-Docket Loses Luster

In In re Cray, Inc., No. 2017-129, the Federal Circuit granted a petition for a writ of mandamus, directing the Eastern District of Texas to transfer a case to the Western District of Washington because the defendant lacked...more

Federal Circuit Cultivates Criteria for Obviousness Rejection: Rational Underpinning and Articulation Required to Establish...

The Federal Circuit vacated and remanded the Patent Trial and Appeal Board’s (PTAB) decision in In re Stepan Co., No. 2016-1811 (Fed. Cir. Aug. 25, 2017), because the PTAB “failed to adequately articulate its reasoning,...more

Inter Partes Reexamination May Proceed Even If The Requester Has a Change-of-Heart

In In re AT&T Intellectual Property II, LP, No. 16-1830 (Fed. Cir. May 10, 2017), the Federal Circuit held that the Board did not exceed its statutory authority when instituting an inter partes reexamination because a request...more

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