Popular, Patent Invalidity

Canadian Patentees are Presumptively Entitled to the Remedies of an Accounting of Profits and a Permanent Injunction

Bennett Jones LLP on 8/26/2024

In two companion appeals relating to patents over television interactive programming guides, the Federal Court of Appeal clarified that a successful patent plaintiff is entitled to an accounting of the defendant’s profits...more

Interference Analysis Is a Two-Way Street

McDermott Will & Emery on 6/6/2024

On appeal from an interference proceeding, the US Court of Appeals for the Federal Circuit reversed a Patent Trial & Appeal Board decision that found the claims of the senior party’s patent were not invalid as time-barred...more

Federal Circuit Evaluates Enablement for Antibody Claims for the First Time Since Amgen v. Sanofi in Baxalta Inc. et al. v....

Fish & Richardson on 9/26/2023

On May 18, 2023, the Supreme Court in Amgen Inc. v. Sanofi unanimously affirmed the Federal Circuit’s holding that U.S. Patent Nos. 8,829,165 and 8,859,741 did not enable certain functional genus claims describing a class of...more

Amgen v. Sanofi and Points Beyond

Burns & Levinson LLP on 5/31/2023

A week ago Thursday, the Supreme Court issued its decision in the Amgen v. Sanofi case, affirming the judgment of the Court of Appeals for the Federal Circuit, that the claims of the two patents Amgen asserted against Sanofi...more

5 Takeaways from the U.S. Supreme Court Decision in Amgen v. Sanofi

Procopio, Cory, Hargreaves & Savitch LLP on 5/23/2023

The U.S. Supreme Court’s unanimous decision in Amgen Inc. v. Sanofi (referred to as the Amgen decision) likely makes it more difficult for life sciences companies to obtain broad patents claiming an entire genus of antibodies...more

2022 Highlights in Canadian Life Sciences IP and Regulatory Law

Smart & Biggar on 1/5/2023

Below are highlights from the Rx IP’s team’s 2022 updates (see also our Top 10 Rx IP Update Reads of 2022): Contents: 1. Patent decisions on the merits 2. PMNOC Regulations: Fifth-year anniversary of major amendments,...more

Medical Device Patentee Petitions Supreme Court Regarding On-Sale Bar and Price Quotes

Knobbe Martens on 7/14/2022

A medical device patentee has asked the U.S. Supreme Court to save his design patent, related to an introducer sheath handle, from invalidity based on application of the “on-sale” bar, which prohibits patenting an invention...more

Judge Gardephe Gives Bytemark a Second Bite Against Xerox

Patterson Belknap Webb & Tyler LLP on 1/31/2022

On January 10, 2022, U.S. District Court Judge Paul G. Gardephe (S.D.N.Y.) granted Plaintiff Bytemark, Inc’s (“Bytemark”) motion for leave to file a third amended complaint, asserting two new patents after the prior...more

Supreme Court Sets Boundaries for Assignor Estoppel in Minerva Surgical v. Hologic

Fitch, Even, Tabin & Flannery LLP on 7/9/2021

The U.S. Supreme Court’s June 29 decision in Minerva Surgical, Inc. v. Hologic, Inc. has important implications for inventors who assign patent rights, employers to whom employees assign patent rights, other assignees, and...more

Breaking Down Moderna’s COVID-19 Patent Pledge: Why Did They Do It?

Rothwell, Figg, Ernst & Manbeck, P.C. on 11/10/2020

Last month, Moderna Therapeutics, one of the global leaders in the race to produce a COVID-19 vaccine, made the following statement regarding enforcement of its patents: We feel a special obligation under the current...more

The Transgenic Mice of Regeneron

Dunlap Bennett & Ludwig PLLC on 10/30/2020

At a recent campaign stop, President Trump informed supporters that he “felt like Superman” after his experimental COVID-19 treatment with a Regeneron Pharmaceuticals Inc. antiviral drug. The antiviral drug may have resulted...more

Federal Circuit Review - September 2020

Knobbe Martens on 10/21/2020

Joining an IPR Triggers IPR Estoppel Only for Instituted Grounds - In Network-1 Technologies, Inc. v. Hewlett-Packard Company, Hewlett Packard Enterprise Company , Appeal No. 18-2338, the Federal Circuit held that a party...more

Federal Court finds Eli Lilly’s tadalafil dosage form and process patents invalid

Smart & Biggar on 10/5/2020

UPDATE: On September 30, 2020, Eli Lilly appealed both decisions by Justice St-Louis: Eli Lilly v Apotex (A-234-20 and A-239-20); Eli Lilly v Pharmascience and Riva (A-236-20); Eli Lilly v Mylan (A-237-20); and Eli Lilly v...more

Global Patent Prosecution - August 2020

Sterne, Kessler, Goldstein & Fox P.L.L.C. on 8/30/2020

In April, the Supreme People’s Court of China published a draft for comment for “Provisions of the Supreme People’s Court on Several Issues Concerning the Trial of Administrative Cases Involving Patent Authorization and...more

IBSA Institut Biochimique, S.A. v. Teva Pharmaceuticals USA, Inc. (Fed. Cir. 2020)

McDonnell Boehnen Hulbert & Berghoff LLP on 8/14/2020

The Federal Circuit has spent the past few years applying the Supreme Court's most recent precedent, Nautilus, Inc. v. Biosig Instruments, Inc., on the indefiniteness standards in the patent statute. 35 U.S.C. § 112(b). The...more

XY, LLC v. Trans Ova Genetics, LC (Fed. Cir. 2020)

McDonnell Boehnen Hulbert & Berghoff LLP on 8/4/2020

Last week, the Federal Circuit took the opportunity presented in an appeal from judgment on the pleadings in XY, LLC v. Trans Ova Genetics, LC to distinguish claims directed toward a patent-eligible invention from...more

Federal Court dismisses Biogen’s actions under PMNOC Regulations against Taro and Pharmascience re: FAMPYRA

Smart & Biggar on 6/5/2020

On May 15, 2020, Manson J. of the Federal Court dismissed two actions brought by Biogen under the Patented Medicines (Notice of Compliance) Regulations (PMNOC Regulations) alleging infringement of Patent No. 2,562,277 (277...more

First decision under amended PMNOC Regulations: Federal Court finds Amgen’s filgrastim patent obvious

Smart & Biggar on 5/4/2020

UPDATE: On November 3, 2020, the Federal Court of Appeal dismissed Amgen’s appeal. See our article here. On April 16, 2020, Justice Southcott of the Federal Court issued the first decision under the amended Patented...more

Mylan and Partner Biocon Win on Insulin Ruling

Goodwin on 3/13/2020

We previously reported on Judge Chesler’s claim construction order in Sanofi-Aventis v. Mylan et al. concerning Mylan’s proposed insulin glargine pen device, Vystra. This week, following a 5-day bench trial held on December...more

Litigation Update: Genentech’s Motion to Dismiss Amgen’s Counterclaims Denied in Avastin Biosimilar Litigation

Goodwin on 2/14/2020

On February 11, 2020, in the Biogen v. Amgen BPCIA litigation regarding MVASI (bevacizumab-awwb), Amgen’s biosimilar of AVASTIN, Judge Colm Connolly of the Delaware District Court denied most of Genentech’s motion to dismiss...more

Seedlings’ LifeCard patent found invalid and not infringed by Pfizer’s EpiPen

Smart & Biggar on 2/6/2020

Update: On July 28, 2021, the Federal Court of Appeal dismissed Seedling’s appeal from Justice Grammond’s decision: Seedlings Life Science Ventures, LLC v Pfizer Canada ULC, 2021 FCA 154 (see article here). On January 2,...more

Strategy Lessons From Wells Fargo Fintech Patent Litigation

Farella Braun + Martel LLP on 2/5/2020

United States Automobile Association (USAA) is a financial services company that provides insurance, banking, investment, and retirement products and services for members of the military and their families. On June 7, 2018,...more

Inventors Rights Act Could Significantly Change Patent Ownership Strategy

Lowndes on 12/19/2019

A bill introduced in the U.S. House of Representatives Wednesday, December 18, 2019 could significantly affect strategies for patent ownership in the United States. The Inventors Rights Act (H.R. 5478), which is sponsored by...more

Federal Court of Appeal confirms obviousness finding in section 8 bortezomib action against Teva

Smart & Biggar on 12/4/2019

As previously reported, the Federal Court granted Teva’s claim for compensation under section 8 of the Patented Medicines (Notice of Compliance) Regulations relating to Teva’s bortezomib product (Janssen markets bortezomib as...more

Amgen not precluded by invalidity decision under pre-amended PMNOC Regulations from litigating same patent under amended...

Smart & Biggar on 11/4/2019

On October 4, 2019, the Federal Court of Appeal dismissed Pfizer’s appeal of its failed motion to dismiss Amgen’s action under section 6 of the Patented Medicines (Notice of Compliance) Regulations (PMNOC Regulations) for a...more

Today's Popular Updates › Patent Invalidity

"My best business intelligence, in one easy email…"