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Patents Safe Harbors Appeals

McDermott Will & Emery

Hatch-Waxman or Not, Clinical Trials Aren’t Subject to Injunction

McDermott Will & Emery on

Analyzing the permissible scope of an injunction under the Hatch-Waxman Act, the US Court of Appeals for the Federal Circuit reversed the district court’s prohibitions on an open-label extension (OLE) of a then-running...more

Bradley Arant Boult Cummings LLP

A Port in the Infringement Storm: When 35 U.S.C. § 271(e)(1)’s Safe Harbor Applies

Earlier this week, the Federal Circuit granted Meril Life Sciences safe passage out of the infringement storm — otherwise known as Edwards Lifesciences — continuing to chase it (at least for now). More specifically, a divided...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - December 2019 #3

PATENT CASE OF THE WEEK - Blackbird Tech LLC v. Health in Motion LLC, Appeal No. 2018-2393 (Fed. Cir. Dec. 16, 2019) - In this week’s Case of the Week, the Federal Circuit affirmed a fee award against prevailing...more

Knobbe Martens

Safe Harbor Defense Under 35 U.S.C. §271(e)(1) Requires That the Accused Activity Is Solely for Uses Reasonably Related to...

Knobbe Martens on

AMGEN INC. v. HOSPIRA, INC. Before Moore, Bryson, and Chen.  Appeal from the United States District Court for the District of Delaware. Summary: Biological engineering activity that would otherwise constitute patent...more

Knobbe Martens

In Re: Janssen Biotech, Inc.

Knobbe Martens on

Federal Circuit Summaries - Before Prost, Renya, and Wallach. Appeal from the Patent Trial and Appeal Board. Summary: A patent owner cannot retroactively bring a continuation-in-part patent within the scope of § 121...more

Knobbe Martens

Federal Circuit Review - July 2017

Knobbe Martens on

District Court Abused Discretion in Not Finding Case Exceptional - In Rothschild Connected Devices v. Guardian Protection Services, Appeal No. 2016-2521, the Federal Circuit held that a district court abused its discretion...more

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