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- Constellation Designs, LLC v. LG Electronics Inc. (Fed. Cir. 2026)
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Month: December 2006
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By Donald Zuhn — In an appeal from a District Court judgment of validity and infringement, the Federal Circuit affirmed the District Court's finding of validity, holding that U.S. Patent No. 5,229,382 (the '382 patent) was not anticipated by Chakrabati et al., 1980, J. Med. Chem. 23:878-84 (Chakrabati) or the patentee's clinical trials,…
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By Jason Derry — Crucell N.V. has announced a cross-licensing agreement with Merck & Co. relating to Crucell's vaccine technology. The deal allows Merck to use Crucell's technology in certain vaccine fields that have yet to be publicly disclosed, while Crucell will be able to manufacture its Advac®-based vaccines on a larger scale…
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By Jason Derry — If you are interested in intellectual property issues involving nanotechnology, you might want to check out this paper published by the National Cancer Institute Alliance for Nanotechnology in Cancer. The paper was published in October 2006. Jason Derry, Ph.D., who graduated with honors from DePaul University College of Law,…
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By Kevin Noonan — With the Supreme Court's decision in KSR Int'l Co. v. Teleflex Inc. on the horizon, the Federal Circuit continues to tiptoe around the standards for obviousness. The most recent example can be found in it opinion affirming a decision of no invalidity in Eli Lilly & Co. v. Zenith…
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By Donald Zuhn — In a press release posted last Friday, the Patent Office announced that 2006 has been a record-breaking year for the USPTO. In particular, the Patent Office noted that it received a record number of patent applications (440,000) and hired a record number of patent examiners (1,218) in 2006. The…
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BASF Prevails in Seed-Saving Infringement Case By Robert Dailey — A federal district court held that a farmer who saved rice seed in violation of BASF's standard Stewardship Agreement infringed the patents covering the seed and its use. The buyer of the saved seed, however, had never actually signed the Stewardship Agreement covering…
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By Sherri Oslick — About Court Report: Each week we will report briefly on recently filed biotech and pharma patent cases. A few interesting cases will be selected for periodic monitoring, providing our readers with an opportunity to follow the progress of these cases. Novartis Corp. et. a. v. Lupin Ltd. et al.2:06-cv-05954;…
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The authors and contributors of Patent Docs wish their readers a Happy Holidays. Publication of Patent Docs will resume on December 26th.
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By Kevin Noonan — On December 19th, the European Patent Office decided to revoke European Patent EP 0 652 872, owned by AstraZeneca for its blockbuster drug Nexium® ("the little purple pill"). This action was undertaken by German generic drug manufacturer, Ratiopharm International GmbH, and was unexpected in light of Ratiopharm's earlier failure…
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By Jason Derry — Nature Reviews Drug Discovery has published an article relating to potential pitfalls associated with licensing deals between pharmaceutical companies and biotechnology companies. In particular, the authors discuss the financial considerations of trying to in-license a biotech product in the early stages of clinical development. The article reviews strategies that…
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