News & Analysis as of

Noninfringement Appeals

Goodwin

Sandoz Files Responsive Brief in Amgen v. Sandoz Appeal

by Goodwin on

As we previously reported, the district court granted Sandoz’s motion for summary judgment of non-infringement in the ongoing Amgen v. Sandoz litigation, which relates to Sandoz’s filgrastim and pegfilgrastim biosimilars....more

Harness, Dickey & Pierce, PLC

The Practicing the Prior Art [Self] Defense Box

In 01 Communique, the Federal Circuit provided clear guidelines regarding the frequently raised “practicing the prior art” argument. Quite simply, the argument that a defendant is not liable because the claimed elements...more

Schwabe, Williamson & Wyatt PC

Fresh From the Bench: Latest Federal Circuit Court Cases

PATENT CASE OF THE WEEK - SimpleAir, Inc. v. Google LLC, Appeal No. 2016-2738 (Fed. Cir. 2018) - In SimpleAir, Inc. v Google LLC, the Federal Circuit vacated a district court’s motion to dismiss pursuant to Rule...more

Knobbe Martens

Federal Circuit Review - February 2018

by Knobbe Martens on

Improperly Drafted Employment Agreement Leads to Dismissal of Patent Case Due to Lack of Standing - In Advanced Video Technologies LLC v. HTC Corporation et al., Appeal Nos. 2016-2309, 2016-2310, 2016-2311, the Federal...more

Knobbe Martens

Federal Circuit Clarifies Scope of On-Sale Bar

by Knobbe Martens on

Federal Circuit Summaries - In Medicines Co. v. Hospira, Inc., 2014-1469; 2014-1504 (Dyk, Wallach, Hughes), the Federal Circuit affirmed the district court’s finding of non-infringement but reversed the district court’s...more

Harness, Dickey & Pierce, PLC

ANDA Your Patent is Not Infringed

In Merck Sharp & Dohme Corp. v. Amneal Pharmaceuticals LLC, [2017-1560] (February 9, 2018), the Federal Circuit affirmed the district court finding that it did not abuse its discretion in denying Merck’s request for...more

Knobbe Martens

Merck Sharp & Dohme Corp. v. Amneal Pharmaceuticals LLC

by Knobbe Martens on

Federal Circuit Summaries - Before Taranto, Clevenger, and Stoll. Appeal from the United States District Court for the District of Delaware. Summary: Proceeding to trial despite a party’s violation of a discovery order...more

Dentons

Federal Circuit recognizes a broad scope of attribution under the doctrine of divided infringement

by Dentons on

In a recent decision, Travel Sentry, Inc. v. Tropp, __ F.3d __, Appeal Nos. 2016-2386, 2016-2387, 2016-2714, 2017-1025, Slip Op. at 20 (Dec. 19, 2017), the US Court of Appeals for the Federal Circuit reaffirmed its...more

Harness, Dickey & Pierce, PLC

Whether Third Party Acts are Attributable to Infringer in a Divided Infringement Situation is Question of Fact

In Travel Sentry, Inc. v. Tropp, [2016-2386, 2016-2387, 2016-2714, 2017-1025] (December 19, 2017), the Federal Circuit vacated summary judgment of non-infringement, finding genuine disputes of material fact regarding whether...more

Goodwin

Federal Circuit Affirms District Court in Amgen v. Apotex

by Goodwin on

As we previously reported, Amgen appealed the Southern District of Florida’s judgment of non-infringement in favor of Apotex in litigation regarding Apotex’s proposed filgrastim and pegfilgrastim biosimilars. Today the...more

Harness, Dickey & Pierce, PLC

Hypothetical Claim in Doctrine of Equivalents Analysis Cannot Narrow Claim Scope

In Jang v. Boston Scientific Corp., [2016-1275, 2016-1575] (September 29, 2017), the Federal Circuit affirmed the district court’s denial of Jang’s motion for judgment as a matter of law (JMOL), its vacatur of the jury...more

Knobbe Martens

Federal Circuit Review - June 2017

by Knobbe Martens on

Inter Partes Reexamination Estoppel Attaches On Claim-by-Claim Basis for New Requests and Pending Proceedings - In In re Affinity Labs Of Texas, LLC, Appeal Nos. 2016-1092, 2016-1172, the Federal Circuit held that the...more

Foley & Lardner LLP

Court Questions Applicability of Function Way Result Test In Chemical Cases

by Foley & Lardner LLP on

In Mylan Institutional LLC v. Aurobindo Pharma Ltd., the Federal Circuit reviewed a preliminary injunction based in part on a finding of likelihood of success in establishing infringement under the doctrine of equivalents....more

Knobbe Martens

Statements Made in an IPR Can Lead to Prosecution Disclaimer

by Knobbe Martens on

The Federal Circuit held that statements made by a patent owner in an IPR, whether before or after institution, can be considered during claim construction in district court litigation and relied upon to support a finding of...more

Foley & Lardner LLP

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

by Foley & Lardner LLP on

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

Harness, Dickey & Pierce, PLC

Failure to Provide an Unconditional Covenant Not to Sue Kept Case and Controversy Alive

In ArcelorMittal v. AK Steel Corp., [2016-1357] (May 16, 2017), the Federal Circuit affirmed the summary judgment invalidating claims 24 and 25 of U.S. Patent No. RE44153....more

Harness, Dickey & Pierce, PLC

Patent Owner Statements During an IPR Disclaimed Claim Scope

In Aylus Networks, Inc., v. Apple, [2016-1599] (May 11, 2017), the Federal Circuit affirmed summary judgment of non-infringement of U.S. Patent No. RE 44,412 on systems and methods for implementing digital home networks...more

Harness, Dickey & Pierce, PLC

Issue Preclusion: Patent Owner Does Not Get a Do Over to Assert the Claims Against Similar Products

In Phil-Insul Corp. v. Airlite Plastics Co., [2016-1982] (April 17, 2017), the Federal Circuit affirmed summary judgment of non-infringement of U.S. Patent No. 5,428,933. In prior litigation in which Phil-Insul asserted the...more

Foley & Lardner LLP

Angiomax Patents Limited To Example

by Foley & Lardner LLP on

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

Harness, Dickey & Pierce, PLC

Don’t Exalt Slogans over Real Meaning; Find the Claim Construction that Naturally Aligns with the Specification and Prosecution...

In The Medicines Company v. Mylan, Inc., [2015-1113, 2015-1151, 2015-1181] (April 6, 2017), the Federal Circuit affirmed summary judgment of non-infringement of U.S. Patent No. 7,598,343, and reversed a bench trial...more

Schwabe, Williamson & Wyatt PC

Supreme Court and Precedential Federal Circuit Patent Cases

In SCA v. First Quality Baby Products, the Supreme Court holds that laches should not be available as a defense in patent cases, refusing to concur with the Circuit’s en banc holding that the Patent Act’s 6-year limitation on...more

Harness, Dickey & Pierce, PLC

Troll Gets Rolled Because Its Disclaimer Statements Were Undersold

In MPHJ Tech v. Ricoh Corp., the Federal Circuit affirmed a conclusion of anticipation and obviousness from an Inter Partes Review involving US 8,488,173 (‘173). The content of the art was not really in dispute. Rather, the...more

WilmerHale

Federal Circuit Patent Updates - February 2017

by WilmerHale on

MPHJ Technology Investments v. Ricoh Americas Corporation (No. 2016-1243, 2/13/17) (Newman, Lourie, O'Malley) - Newman, J. Affirming PTAB decision in IPR that claims directed to document managing system and process were...more

Harness, Dickey & Pierce, PLC

Strong Presumption that Markush Claim Elements are Closed to Additional Elements

In Shire Development. LLC v. Watson Pharmaceuticals, Inc., [2016-1785] (February 10, 2017), the Federal Circuit reversed a finding of infringement because the accused product did not meet the Markush claim element, and...more

Smart & Biggar

RX IP Update - January 2017

by Smart & Biggar on

Apotex’s Infringement of AstraZeneca’s Omeprazole Formulation Patent Upheld - As previously reported, the Federal Court of Appeal, in a unanimous decision released on January 12, 2017 (2017 FCA 9), has affirmed the...more

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Updated: May 25, 2018:

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