The US Court of Appeals for the Federal Circuit affirmed a district court decision finding that two patents covering enantiomerically pure compositions of the psoriasis drug Otezla® (apremilast) were valid and one patent...more
On November 4, in University of Strathclyde v. Clear-Vu Lighting, evidence from outside the asserted references tipped the Federal Circuit toward finding a lack of reasonable expectation of success. The Federal Circuit...more
In OSI Pharmaceuticals LLC v. Apotex, Inc., the Federal Circuit reversed the PTAB’s determination that a Tarceva® patent was invalid as obvious because the decision was not supported by a reasonable expectation of success....more
OSI PHARMACEUTICALS, LLC v. APOTEX INC - Before Stoll, Newman, and Taranto. Appeal from the Patent Trial and Appeal Board. Summary: A pharmaceutical company’s statement touting the completion of Phase I safety trials...more
SAMSUNG ELECTRONICS CO., LTD. v. ELM 3DS INNOVATIONS, LLC - Before Moore, Reyna, and Chen. Appeal from the Patent Trial and Appeal Board. Summary: If the technology is complex, a party may be required to provide more...more
ENDO PHARM, INC., v. ACTAVIS LLC - Before Wallach, Clevenger, and Stoll. Appeal from the United States District Court for the District of Delaware....more
Under the Mayo/Alice test for patent eligibility, answering the questions of whether any particular claim is “directed to” a “judicial exception” without “significantly more” remains in many ways a substantial and...more
The Federal Circuit decision in Acorda Therapeutics, Inc. v. Roxane Laboratories, Inc. addressed several aspects of obviousness doctrine. We previously wrote about the impact of a blocking patent on consideration of objective...more
Addressing the issues of reasonable expectation of success and induced infringement of claims directed to a method of treatment in a particular patient population based on the results of a clinical trial, the US Court of...more