Patent Law Weblog
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- Hikma Pharmaceuticals USA Inc. v. Amarin Pharma, Inc. (2026)
- Constellation Designs, LLC v. LG Electronics Inc. (Fed. Cir. 2026)
- Actelion Pharmaceuticals Ltd. v. Mylan Pharmaceuticals Inc. (Fed. Cir. 2026)
- PTAB Reverses § 101 Rejection Where Examiner Failed to Follow the Office’s Own Guidance
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Month: August 2010
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By James DeGiulio — Cephalon and Mylan Pharmaceuticals Agree to Drop Two Patents from Nuvigil Patent Suit Cephalon Inc. and Mylan Pharmaceuticals Inc. have agreed to drop two of the three patents originally involved in their infringement suit over the narcolepsy drug Nuvigil. After Mylan filed an ANDA for generic Nuvigil, Cephalon brought suit against…
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By Sarah Fendrick — The U.S. Patent and Trademark Office recently launched an official page on Facebook that will provide regular updates from the Office and provide a public forum for comments, feedback, and discussion pertaining to issues at the USPTO. In a press release, USPTO Director David Kappos said that he was "confident our…
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By Kevin E. Noonan — In the otherwise unremarkable case of Intervet Inc. v. Merial Ltd., the Federal Circuit reversed the District Court's claim construction on two terms and remanded for further consideration. What has made this case a little more remarkable is that Judge Dyk (at right) took the occasion to sua sponte raise…
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By Donald Zuhn — In Adams Respiratory Therapeutics, Inc. v. Perrigo Co., decided last Thursday, the Federal Circuit vacated and remanded a determination by the District Court for the Western District of Michigan that the guaifenesin product described in Defendants-Appellees' ("Perrigo") Abbreviated New Drug Application (ANDA) would not infringe the asserted claims of Plaintiffs-Appellants' ("Adams")…
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By Sarah Fendrick — Last fall, the U.S. Patent and Trademark Office implemented a procedure that allowed small entities to have an application accorded special status examination if the applicant expressly abandoned another co-pending unexamined application (see "USPTO Implements Patent Application Backlog Reduction Stimulus Plan"). In a notice published in the Federal Register (75 Fed.…
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Claim Construction of DNA-reciting Claims By Kevin E. Noonan — The Federal Circuit considered claims to isolated DNA sequences encoding portions of the genome of a porcine circovirus in Intervet Inc. v. Merial Ltd. last week, remanding the case to the District Court based on disagreements with the lower court's construction of three claim terms. …
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By Donald Zuhn — Last week, the Federal Circuit Bar Association (FCBA) submitted an amicus curiae brief regarding the motion for recusal filed by Plaintiffs-Appellees in Association for Molecular Pathology v. United States Patent and Trademark. Plaintiffs-Appellees filed their motion on June 28, seeking to have Chief Judge Rader recuse himself from any involvement in the…
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By Donald Zuhn — In April, the Court of Appeals for the Federal Circuit decided that the appeal in Therasense, Inc. v. Becton, Dickinson & Co. warranted en banc consideration, and asked the parties to brief ten questions concerning the issue of inequitable conduct (see "Federal Circuit Grants En Banc Review in Therasense v. Becton…
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By Kevin E. Noonan — On August 2nd, the Biotechnology Industry Organization (BIO) filed an amicus curiae brief with the Federal Circuit in the Therasense, Inc. v. Becton, Dickinson & Co. case. The brief, filed in support of neither party ("BIO . . . has no interest in the ultimate disposition of this litigation") urges…
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By Sherri Oslick — About Court Report: Each week we will report briefly on recently filed biotech and pharma cases. Lupin Atlantis Holdings S.A. v. Ranbaxy Laboratories Ltd. et al.2:10-cv-03897; filed August 4, 2010 in the Eastern District of Pennsylvania • Plaintiff: Lupin Atlantis Holdings S.A.• Defendants: Ranbaxy Laboratories Ltd.; Ranbaxy Pharmaceuticals Inc.; Ranbaxy, Inc.;…
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