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  • Article

    Listing The Medical Device Part Of A Combination Product In The Orange Book May Trigger Antitrust Liability

    A patent listing in the Orange Book provides the innovator drug company with a potent tool for excluding generic competitors who wish an ANDA application or 505(b)(2) drug
    United StatesIntellectual Property
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  • Article

    Second Circuit Affirms Holding That Universal Church Is Generic

    The Second Circuit reasoned that efforts to police the use of the term are not relevant to whether the term is generic.
    United StatesIntellectual Property
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Article

Small Entity Government Use License Exception: Amendment Of The Rules Of Practice In Patent Cases

The USPTO is amending the rules of practice in patent cases to clarify and expand exceptions to the rule pertaining to government use licenses and their effect on small entity status for purposes...
United StatesIntellectual Property
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  • Article

    Boston University V. Everlight: Claim Invalid For Lack Of Enablement Because 17% Was "Physically Impossible"

    Last week, the Federal Circuit issued its opinion in Boston University (BU) v. Everlight, in which the court found that the only asserted claim (claim 19) ...
    United StatesFood, Drugs, Healthcare, Life Sciences
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  • Article

    Different Mechanism Leads To Lack Of Reasonable Expectation Of Success

    The Patent Trial and Appeal Board recently reversed an obviousness finding of (non-signatory) Examiner Audrey Buttice, supported by Supervisory Patent Examienr (SPE) Joanne Hama...
    United StatesFood, Drugs, Healthcare, Life Sciences
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  • Article

    Federal Circuit Reverses District Court's Invalidity Ruling On Written Description In Novartis v. Torrent

    In a precedential opinion issued on January 10, 2025, the United States Court of Appeals for the Federal Circuit reversed a district court's ruling that had invalidated claims 1-4 of U.S. Patent No. 8,101,659.
    United StatesFood, Drugs, Healthcare, Life Sciences
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  • Article

    The Federal Circuit Lays Out What Does And Does Not Meet The Standard Of Inherency, Motivation To Combine And Burden Of Proof In Challenging Validity Of Issued Claims

    Endo Pharmaceuticals Solutions, Inc et al v. Custopharm, Inc. (Fed. Cir. July 13, 2018), is an appeal of a Delaware District Court rejecting Custopharm's validity challenge to patents...
    United StatesFood, Drugs, Healthcare, Life Sciences
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  • Article

    "[T]He Proper Application Of The Supreme Court's Alice Standard Is An Evolving And Sometimes Hazy Area Of Law"

    Marijuana, for medical purposes and recreational purposes, is an area of great political, social and legal interest.
    United StatesFood, Drugs, Healthcare, Life Sciences
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  • Article

    ALJ Cheney Grants Motion For Summary Determination Of Invalidity And Terminates Investigation In Certain IP Camera Systems (337-TA-1242)

    On September 15, 2021, ALJ Clark S. Cheney issued Order No. 16 granting Respondents SimpliSafe, Inc. and Vivint Smart Home, Inc.'s (collectively, "Respondents") motion for
    United StatesIntellectual Property
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  • Article

    Biogen v. Banner Life Sciences -- The Limited Scope Of U.S. Patent Term Extensions (Hint: Metabolites Not Included)

    Under 35 U.S.C. §156, a patentee can extend a patent's term to restore part of the term consumed during the Food and Drug Administration's (FDA) New Drug Application (NDA) approval process for a compound covered by the patent.
    United StatesIntellectual Property
    Oblon
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  • Article

    Columbia Sportswear Appeal Decision Covers Design Infringement; No Reflection On Damages

    Last week, the U.S. Court of Appeals for the Federal Circuit ("CAFC") issued an opinion in Columbia Sportswear v. Seirus Innovative Accessories (No. 2018-1329, 2018-1331 and 2018-1728) (Nov. 13, 2019).
    United StatesIntellectual Property
    Oblon
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  • Article

    Effective Filing Date Of Provisional And Non-Provisional Application Prior Art

    The Federal Circuit vacated a PTAB decision on patent obviousness, establishing that a provisional application must provide written description support for at least one published claim to qualify as prior art under its earlier filing date. This ruling clarifies the requirements for claiming priority from provisional applications and impacts how patent practitioners should approach provisional filing strategies.
    United StatesIntellectual Property
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  • Article

    It's Time To Change How Antibodies Are Claimed In Patent Strategy

    The US Supreme Court announced its ruling May 18 in favor of Sanofi in its dispute with Amgen over the enablement requirement as it pertained to antibody claims.
    United StatesIntellectual Property
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  • Article

    Myrbetriq® Patent Invalidated On Grounds Not Asserted By Any Party Violating Party Presentation Principle

    In Astellas Pharma Inc. v. Sandoz Inc,, et al, following a five-day patent claims bench trial the court found asserted claims 5, 20, and 25 invalid under 35 U.S.C. § 101 even though Sandoz had not asserted 101 as defense...
    United StatesIntellectual Property
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  • Article

    Onyx v. Cipla: Companies Beware - What Your Patent Agent Tells You May Not Be Privileged

    In an order last month, the Delaware district court ruled that some communications involving Onyx's patent agent were not privileged and must be produced to Cipla.
    United StatesIntellectual Property
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  • Article

    PTAB Reverses §101 And §103 Rejections For Plant Extract

    On December 6, 2022, the Patent Trial and Appeal Board (PTAB) overturned a rejection of a claim to a plant extract based on patent ineligible subject matter (Appeal 2022-001062)
    United StatesIntellectual Property
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  • Article

    PTAB Updates: Director Vidal Grants Director Review, Sets Schedule And Authorizes Amicus Briefing

    On July 7, 2022, Director Kathi Vidal granted Director review of the PTAB decisions in OpenSky Industries, LLC v. VLSI Technology LLC, IPR2021-01064, Paper 47 (PTAB July 7, 2022) and Patent Quality Assurance, LLC v. VLSI Technology LLC, IPR2021-01229, Paper 35 (PTAB July 7, 2022).
    United StatesIntellectual Property
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  • Article

    Risk Evaluation And Mitigation Strategy Patent Not Listable In Orange Book

    The Federal Circuit on February 24th affirmed the Delaware District order in Jazz Pharm., Inc. v. Avadel CNS Pharm., LLC., 2023-1186, that Jazz delist from the Orange Book its Patent 8,731,963...
    United StatesIntellectual Property
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  • Article

    The Doctrine Of Inherency In The Context Of An Obviousness Analysis

    In this board decision, the Patent Trial and Appeal Board (PTAB) reversed the Examiner's rejections of claims 22, 54-56, and 60-62 in US 16/765,024.
    United StatesIntellectual Property
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  • Article

    The Federal Circuit Provides A Refresher On Joint Inventorship

    The decision in Dana-Farber Cancer Institute, Inc. v. Ono Pharmaceuticals Co., Ltd, Tasuku Honjo, E.R. Squibb & Sons, L.L.C., Bristol-Myers Squibb Company (Fed. Cir., July 14, 2020)...
    United StatesIntellectual Property
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  • Showing 401–420 of 699 results

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