Patent Law Weblog
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- 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
- Collision Communications v. Samsung: What Good Did the Government’s Statement of Interest Do?
- United States Files Statement of Interest in Patent Infringement Proceedings
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Month: March 2011
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By Donald Zuhn — On Wednesday, the House introduced its own version of the "America Invents Act" (H.R. 1249). Although the legislation introduced in the House and the bill that was passed in the Senate earlier this month (S. 23) share the same name, the two bills are not identical (a discussion of the differences…
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By Kevin E. Noonan — Today, the Chairman of the Judiciary Committee in the House of Representatives, Lamar Smith (R-TX) (at right), introduced a version of the America Invents Act (passed by the Senate as S. 23). While identical in most respects, the bill has come provisions that differ from the Senate bill. (Update: the…
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By Donald Zuhn — On Wednesday afternoon, the House Subcommittee on Intellectual Property, Competition and the Internet will hold a hearing on the House version of Senate bill S. 23, otherwise known as the "America Invents Act." The hearing on the as yet unnumbered House bill, which begins at 1:30 pm (ET), will consist of…
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Law Seminars International (LSI) will be offering a one-hour telebriefing on the Federal Circuit's recent decision in Centocor Ortho Biotech, Inc. v. Abbott Laboratories on March 31, 2011 from 3:00-4:00 PM (ET). Patent Docs author Dr. Donald Zuhn of McDonnell Boehnen Hulbert & Berghoff LLP will moderate panel including Courtenay Brinckerhoff of Foley & Lardner…
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By Donald Zuhn — On Friday, in Duramed Pharmaceuticals, Inc. v. Watson Laboratories, Inc., the Federal Circuit reversed a decision by the District Court for the District of Nevada on summary judgment that the asserted claims of U.S. Patent No. 7,320,969 were nonobvious, determining that the District Court erred in its obviousness analysis. The Federal…
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By Sherri Oslick — About Court Report: Each week we will report briefly on recently filed biotech and pharma cases. Purdue Pharma L.P. et al. v. Watson Laboratories, Inc. – Florida0:11-cv-60643; filed March 24, 2011 in the Southern District of Florida • Plaintiffs: Purdue Pharma L.P.; The P.F. Laboratories, Inc.; Purdue Pharmaceuticals, L.P.; Rhodes Technologies;…
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April 5-6, 2011 – International Patent Forum 2011 (Managing Intellectual Property) – London, UK April 6-9, 2011 – 26th Annual Intellectual Property Law Conference (American Bar Association Section of Intellectual Property Law) – Arlington, VA April 13-15, 2011 – Intellectual Property Counsels Committee (IPCC) Spring Conference & Meeting (Biotechnology Industry Organization) – Seattle, WA April…
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By Kevin E. Noonan — As it has done in other areas of the law recently (such as Bell Atlantic Corp. v. Twombly), the Supreme Court on Tuesday addressed the requirements for pleadings sufficient to survive a motion to dismiss a complaint for securities law violations, in Matrixx Initiatives Inc. v. Siracusano. The Court's decision…
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By James DeGiulio — Apotex's Generic Provigil Found Not to Infringe Cephalon Patent Apotex received a favorable ruling on summary judgment in its dispute with Cephalon regarding the narcolepsy drug Provigil after the U.S. District Court for the Eastern District of Pennsylvania determined that Apotex's proposed generic does not infringe one of two Cephalon patents…
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By Kevin E. Noonan — Nestled unobtrusively in a section of S. 23 called "Technical Amendments," S. 23 (the "America Invents Act") has done something that neither Congress nor any court has been able to do for 80 years: remove (or at least blunt) the duty of candor owed by an applicant to the U.S.…
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