News & Analysis as of

Abbreviated New Drug Application (ANDA) Claim Construction Patent Infringement

Knobbe Martens

Federal Circuit Says Extrinsic Evidence Should Have Been Considered in Claim Construction

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In a recent precedential opinion, the Court of Appeals for the Federal Circuit vacated an infringement judgement against Mylan (Actelion Pharmaceuticals Ltd. v. Mylan Pharmaceuticals Inc., No. 2022-1889, Fed. Cir. Nov. 6,...more

Sheppard Mullin Richter & Hampton LLP

2023 Federal Circuit Case Summaries

We are excited to share Sheppard Mullin’s inaugural quarterly report on key Federal Circuit decisions. The Spring 2023 Quarterly Report provides summaries of most key patent law-related decisions from January 1, 2023 to March...more

Robins Kaplan LLP

AstraZeneca AB v. Mylan Pharms., Inc. Symbicort® (Budesonide and Formoterol)

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Case Name: AstraZeneca AB v. Mylan Pharms., Inc., No. 22-cv-35, 2022 WL 2707729 (N.D.W.V. July 12, 2022) (Bailey, J.) Drug Product and Patent(s)-in-Suit: Symbicort® (budesonide and formoterol); U.S. Patent No. 11,311,558...more

Fitch, Even, Tabin & Flannery LLP

Expert Testimony May Establish Written Description Support for Negative Claim Limitation

On January 3, in Novartis Pharmaceuticals Corporation v. Accord Healthcare, Inc., the Federal Circuit found written description support for a negative claim limitation, even though the negative claim limitation did not have...more

McDermott Will & Emery

Rounding Error: Intrinsic Evidence Informs Plain and Ordinary Meaning

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Vacating a stipulated infringement judgment based on an incorrect claim construction, the US Court of Appeals for the Federal Circuit explained that it is improper to isolate claim language from the intrinsic evidence when...more

Harris Beach PLLC

"About" Patent Claim Construction: Par v. Hospira

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The use of the word “about” in a patent claim as part of a numeric range might permit the patent holder to preclude competitor formulations falling outside the approximate range, as illustrated in a fairly recent decision Par...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Federal Circuit Appeals from the PTAB and ITC: Summaries of Key 2020 Decisions

[co-author: Kathleen Wills] Last year, the global COVID-19 pandemic created unprecedented challenges for American courts. By making several changes, however, the U.S. Court of Appeals for the Federal Circuit was able to...more

McDonnell Boehnen Hulbert & Berghoff LLP

Bracco Diagnostics Inc. v. Maia Pharmaceuticals, Inc. (Fed. Cir. 2020)

Stipulating to infringement after a contrary claim construction is a conventional stratagem for a losing party to have a final judgment that can be challenged before the Federal Circuit.  The risk of course, is that if the...more

WilmerHale

CAFC Patent Cases, 10/26/20 – 11/09/20

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Precedential Federal Circuit Opinions: In Re NITRO FLUIDS L.L.C. [ORDER] (2020-0142, 10/28/28) (REYNA, WALLACH, and CHEN)  - Reyna, J.  The Court considered a petition for a writ of mandamus seeking transfer from the...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - January 2020

PATENT CASE OF THE WEEK - Amgen Inc. v. Amneal Pharmaceuticals LLC, et al., Appeal Nos. 2018-2414, et al. (Fed. Cir. Jan. 7, 2020) - In this appeal from Markman and summary judgment opinions by the district court in a...more

McDonnell Boehnen Hulbert & Berghoff LLP

Amgen Inc. v. Amneal Pharmaceuticals LLC (Fed. Cir. 2020)

Transitional terms in patent law (conventionally, "comprising," "consisting of," and the more arcane "consisting essentially of") have their own provenance and meaning, denoting limitations that are "open" (comprising) or...more

Knobbe Martens

Federal Circuit Review - October 2019

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The PTAB Cannot Approve or Deny Certificates of Correction - In Honeywell International, Inc. v. Arkema Inc., Arkema France, Appeal Nos. 2018-1151, -1153, the Patent Trial and Appeal Board (“Board”) does not have the...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - August 2019 #3

PATENT CASE OF THE WEEK - Nalpropion Pharmaceuticals, Inc. v. Actavis Laboratories, FL, Inc., Appeal No. 2018-1221 (Fed. Cir. Aug. 15, 2019) - This week’s Case of the Week focuses on issues relating to written...more

Bradley Arant Boult Cummings LLP

A Federal Circuit Prescription to Take Away the Pain for Generics - Intellectual Property News

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

Knobbe Martens

Forest Laboratories, LLC v. Sigmapharm Laboratories

Knobbe Martens on

Federal Circuit Summary - Before Prost, Dyk, and Moore. Appeal from District of Delaware. Summary: A district court’s construction of a claim term that is contrary to the plain language of the claims and usage of the...more

Knobbe Martens

Federal Circuit Review - May 2018

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Priority Claims Cannot Be Incorporated by Reference - In Vanda Pharmaceuticals Inc. v. West-Ward Pharmaceuticals International Limited, Appeal Nos. 2016-2707 and 2016-2708, the Federal Circuit held that when a patent for a...more

WilmerHale

Federal Circuit Patent Updates - April 2018

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01 Communique Laboratory, Inc. v. Citrix Online, LLC (No. 2017-1869, 4/26/18) (Newman, Mayer, Stoll) - Mayer J. Affirming plaintiff's motion for a new trial motion. The defendant did not improperly assert a “practicing...more

Knobbe Martens

Sumitomo Dainippon Pharma Co. v. Emcure Pharmaceuticals

Knobbe Martens on

Before Moore, Mayer, and Stoll. Appeal from the United States District Court for the District of New Jersey. Summary: Plain claim language will not be narrowed based on a patent’s specification unless the patentee clearly...more

McDermott Will & Emery

Allergan’s Infringement Positions Don’t Gel with Proper Claim Construction

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Addressing non-infringement on a summary judgment motion, the US District Court for the Eastern District of Texas ruled that Mylan and Teva’s accused generic products did not infringe as a matter of law because water is not a...more

WilmerHale

Federal Circuit Patent Updates - February 2018

WilmerHale on

Nalco Company v. Chem-Mod, LLC (No. 2017-1036, 2/27/18) (Moore, Schall, O'Malley) - O'Malley, J. Reversing district court's dismissal of patent claims for failure to state a claim. The district court's dismissal of direct...more

Knobbe Martens

Federal Circuit Review - November 2017

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Fractured Federal Circuit Holds Patent Owner Does Not Bear Burden of Persuasion in IPR Motions to Amend - In Aqua Products, Inc. v. Matal, Appeal No. 2015-1177, the Federal Circuit, sitting en banc, held that a patent...more

Foley & Lardner LLP

CAFC Finds ANDA Infringement Despite Differences Between FDA Labeling And Claim Language

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In a non-precedential decision issued in Braintree Labs., Inc. v. Breckenridge Pharmaceutical, Inc., the Federal Circuit reversed the district court’s grant of summary judgment of noninfringement in favor of Breckenridge, and...more

Schwabe, Williamson & Wyatt PC

Fresh From the Bench: Precedential Patent Cases From the Federal Circuit

In Mylan v. Aurobindo the Circuit affirms the grant of a preliminary injunction based upon the infringement of one of the three patents in suit. However, the panel reverses the injunction as to the other two patents based on...more

Foley & Lardner LLP

Angiomax Patents Limited To Example

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In The Medicines Co. v. Mylan, Inc., the Federal Circuit construed composition claims of two Angiomax patents as requiring the recited “batches” to be made by a specific “efficient mixing” process illustrated in one of the...more

Akin Gump Strauss Hauer & Feld LLP

Patent Claims Directed to Treatment for Multiple Sclerosis Invalid as Obvious

In a consolidated Hatch-Waxman patent infringement action, a district court judge in Delaware recently found claims directed to a treatment for multiple sclerosis invalid as obvious....more

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