News & Analysis as of

Pharmaceutical Patents Claim Construction Patent Litigation

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases: Merck Serono S.A. v. Hopewell Pharma Ventures, Inc.

Merck Serono S.A. v. Hopewell Pharma Ventures, Inc., Appeal Nos. 2025-1210, -1211 (Fed. Cir. Oct. 30, 2025) - In our Case of the Week, the Federal Circuit upheld a Patent Trial and Appeal Board decision invalidating...more

Jones Day

Divergent Claim Construction Results in Discretionary Denial

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In a recent decision, Acting Director Coke Morgan Stewart granted Patent Owner’s request for discretionary denial in Sun Pharmaceuticals Industries Inc. v. Nivagen Pharmaceuticals, Inc., IPR2025-00893. While some factors...more

Fish & Richardson

Lessons for Biopharma From the Battle of Entresto®

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After more than six years of high-stakes litigation in multiple courts and regulatory fights at the Food and Drug Administration (FDA), generic versions of Novartis Pharmaceuticals Corp. (“Novartis”)’s Entresto® have entered...more

Robins Kaplan LLP

Novo Nordisk, Inc. v. Mylan Pharms. Inc.

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Nature of the Case and Issue(s) Presented: Novo makes and sells Wegovy. Novo sued Mylan asserting patent infringement of five patents that are listed, or Novo intends to list, in FDA’s Orange Book. In its complaint, Novo...more

K&L Gates LLP

All Eyes on EYLEA–Sandoz Defeats Preliminary Injunction

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The recent decision in Regeneron Pharmaceuticals, Inc v Sandoz shows how a strong noninfringement position can be powerful to resisting a preliminary injunction. The dismissal of the Regeneron Pharmaceuticals, Inc....more

McDermott Will & Schulte

Functional relationship recitation can’t overcome anticipating prior art

Underscoring functional relationships as limitations in patent claims and the importance of claim construction, the US Court of Appeals for the Federal Circuit affirmed in part, vacated in part, and remanded a Patent Trial &...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases: Finesse Wireless LLC v. AT&T Mobility LLC

Finesse Wireless LLC v. AT&T Mobility LLC, Appeal No. 2024-1039 (Fed. Cir. Sept. 24, 2025) - In our Case of the Week, the Federal Circuit struck down a $166.3 million damages award against AT&T and Nokia of America Corp.,...more

Akin Gump Strauss Hauer & Feld LLP

Federal Circuit: The Term 'Clinically Proven Effective' Amount Does Not Impart Patentability Over Prior Art for Claims That Also...

In considering claims to a method of reducing cardiovascular events, the Federal Circuit held that the term a “clinically proven effective” amount did not render the claims patentable over the prior art. Specifically, the...more

Womble Bond Dickinson

Reminder: “Consisting essentially of” Is U.S. Patent Claim Language Needing Interpretation

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On June 30, 2025, the Federal Circuit issued a precedential opinion in Eye Therapies v. Slayback Pharma in which the court interpreted the transition phrase “consisting essentially of” to be a closed term excluding other...more

Alston & Bird

Patent Case Summaries | Week Ending July 18, 2025

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Shockwave Medical, Inc. v. Cardiovascular Systems, Inc., et al., Nos. 2023-1864, -1940 (Fed. Cir. (PTAB) July 14, 2025). Opinion by Dyk, joined by Lourie and Cunningham....more

Sheppard Mullin Richter & Hampton LLP

Lexicography: Clear And Unequivocal

This Federal Circuit opinion analyzes lexicography in the context of claim construction. Alnylam Pharmaceuticals owns U.S. Patent Nos. 11,246,933 (parent) and 11,382,979 (child). These patents relate to biodegradable...more

Carlton Fields

Court Finds MSN Does Not Infringe Novartis’s Patent and Clears the Way for Generic Entresto

Carlton Fields on

In In re Entresto (Sacubitril/Valsartan) Patent Litigation, Judge Richard G. Andrews of the U.S. District Court for the District of Delaware granted MSN Pharmaceuticals Inc. a victory on noninfringement of U.S. Patent No....more

Venable LLP

Spotlight On: Actemra® (tocilizumab) / Tofidence™ (tocilizumab-bavi) / Tyenne® (tocilizumab-aazg) / Avtozma® (tocilizumab-anoh) -...

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Tocilizumab Challenged Claim Types in IPRs: Claims are counted in each IPR, so claims from the same patent challenged in multiple IPRs are counted more than once. Within each IPR, claims are counted only once, whether they...more

Cooley LLP

Janssen v. Teva: Federal Circuit Upholds Claims to Pharmaceutical Dosing Regimen, Clarifies Presumption of Obviousness for...

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On July 8, the US Court of Appeals for the Federal Circuit issued a precedential opinion in Janssen Pharmaceuticals, Inc. et al. v. Teva Pharmaceuticals USA, Inc. affirming the district court’s finding that patent claims to a...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases: Janssen Pharmaceuticals, Inc. v. Teva Pharmaceuticals USA, Inc.

Janssen Pharmaceuticals, Inc. v. Teva Pharmaceuticals USA, Inc., Appeal Nos. 2025-1228, -1252 (Fed. Cir. July 8, 2025) Our Case of the Week focuses on obviousness. More particularly, the decision included a lengthy...more

Alston & Bird

Patent Case Summaries | Week Ending July 4, 2025

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Eye Therapies, LLC v. Slayback Pharma, LLC, No. 2023-2173 (Fed. Cir. (PTAB) June 30, 2025). Opinion by Scarsi, joined by Taranto and Stoll. Eye Therapies owns a patent that claims a method for reducing eye redness...more

MoFo Life Sciences

Is Your Claim Open or Closed? Claim Construction Takes on a New Meaning in Eye Therapies, LLC v. Slayback Pharma, LLC

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On June 30, 2025, the Federal Circuit issued a precedential decision in Eye Therapies, LLC v. Slayback Pharma, LLC, reversing the Patent Trial and Appeal Board’s (PTAB’s) claim construction of the phrase “consisting...more

McDermott Will & Schulte

Prosecution history primacy: “Consisting essentially of” means what applicant said it meant

In a decision that underscores the primacy of prosecution history to determine claim scope, the US Court of Appeals for the Federal Circuit reversed the Patent Trial & Appeal Board’s interpretation of the transitional phrase...more

Knobbe Martens

An Eye Toward Prosecution History

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EYE THERAPIES, LLC v. SLAYBACK PHARMA LLC - Before Taranto, Stoll and Scarsi (sitting by designation). The patent’s prosecution history required a restrictive interpretation of the term “consisting essentially of.”...more

McDonnell Boehnen Hulbert & Berghoff LLP

Eye Therapies LLC v. Slayback Pharma, LLC (Fed. Cir. 2025)

Patent law in many respects has its own language and idiosyncratic expressions, and one such respect involves so-called "transitional" words or phrases (discussed in greater depth in the Manual of Patent Examination Procedure...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases: Eye Therapies, LLC v. Slayback Pharma, LLC

Eye Therapies, LLC v. Slayback Pharma, LLC, Appeal No. 2023-2173 (Fed. Cir. June 30, 2025) In its only precedential patent opinion last week, the Federal Circuit reviewed construction of the transitional claim phrase...more

Venable LLP

Pembrolizumab Patent IPR Final Written Decision Issued and Director Review Requested

Venable LLP on

On June 9, 2025, the Patent Trial and Appeal Board (“Board”) issued a Final Written Decision (“FWD”) in Merck’s IPR2024-00240 against The Johns Hopkins University’s (“JHU”) U.S. Patent No. 11,591,393 (“the ’393 patent”),...more

Proskauer - The Patent Playbook

Eyes Open to the Past: Federal Circuit Holds Prosecution History Is Claim Construction Evidence

The Federal Circuit’s decision in Eye Therapies, LLC v. Slayback Pharma, LLC provides further insight into the tools available for patent claim construction. The Federal Circuit had previously held that a patent’s...more

Knobbe Martens

No Takebacks: The High Bar for Departing From Patent Lexicography

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ALNYLAM PHARMACEUTICALS, INC. v. MODERNA, INC. - Before Taranto, Chen, and Hughes. Appeal from the United States District Court for the District of Delaware. Once the high threshold for lexicography is met, there must be a...more

A&O Shearman

Federal Circuit Affirms District Court’s Claim Construction Of “Branched Alkyl” In mRNA Vaccine Patent Dispute

A&O Shearman on

On June 4, 2025, the United States Court of Appeals for the Federal Circuit (Judges Taranto, Chen, and Hughes) affirmed the District of Delaware’s claim construction in a patent infringement dispute involving lipid components...more

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