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Eli Lilly Hospira

McDonnell Boehnen Hulbert & Berghoff LLP

DOE Infringers Petition for Certiorari over PHE "Tangential Relationship" Test

Recently, the Federal Circuit has taken up issues relating to infringement under the doctrine of equivalents (DOE) and a related doctrine, prosecution history estoppel (PHE), that limits the scope of equivalents that can be...more

Robins Kaplan LLP

Eli Lilly and Co. v. Hospira, Inc.

Robins Kaplan LLP on

WHILE THE DISTRICT COURT’S FINDING OF LITERAL INFRINGEMENT WAS REVERSED, THE FEDERAL CIRCUIT AFFIRMED THE DISTRICT COURT’S FINDING OF INFRINGEMENT UNDER THE DOCTRINE OF EQUIVALENT BECAUSE THE NARROWING AMENDMENT WAS...more

Foley & Lardner LLP

Doctrine Of Equivalents Not Barred By Claim Amendments

Foley & Lardner LLP on

Recent Federal Circuit decisions demonstrate that the doctrine of equivalents is alive and well, and not always barred by claim amendments. In both Ajinomoto Co. v. ITC and Eli Lilly and Co. v. Hospira, Inc., the Federal...more

Robins Kaplan LLP

Eli Lilly & Co. v. Hospira, Inc.

Robins Kaplan LLP on

Case Name: Eli Lilly & Co. v. Hospira, Inc., Civ. No. 12-3460-TWP-MPB, 2018 U.S. Dist. LEXIS 100550 (S.D. Ind. June 15, 2018) (Pratt, J.)....more

McDonnell Boehnen Hulbert & Berghoff LLP

Cubist Pharmaceuticals, Inc. v. Hospira Inc. (Fed. Cir. 2015)

Mistakes happen; there is even a book, entitled Human Error, that discusses how and why they happen. The Federal Circuit addressed the consequences of human error (or perhaps more accurately, instances where there was a...more

McDonnell Boehnen Hulbert & Berghoff LLP

Court Report - November 2015 #4

About Court Report: Each week we will report briefly on recently filed biotech and pharma cases. Vivus, Inc. v. Actavis Laboratories FL, Inc. 2:15-cv-06256; filed August 17, 2015 in the District Court of New Jersey. ...more

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