Patent Law Weblog
recent posts
- Judicial Conduct and Disability Committee Has Its Say, Denies Judge Newman’s Latest Request for Review
- PTAB Issues Judgment on Priority in CRISPR Interference
- Parties File Supplemental Priority Statements in CRISPR Interference
- Why the Alice Test is Stupid, Part V: The Goalposts Keep Moving
- Meanwhile, Back at the PTAB with CRISPR – Update
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Category: Federal Circuit
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By Kevin E. Noonan — In the non-precedential General Atomics case decided earlier this month, the Federal Circuit applied its Markman claim construction practice to a Jepson claim, a venerable claim format seen more frequently in the mechanical and electrical arts than in the chemical or biotechnology arts (1). The case illustrates the…
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By Kevin E. Noonan — Among the many things "wrong" with U.S. patent law, few outside the profession (meaning few among the cadre of gadflies, pundits, careerists, and those grinding their different shades of political and rhetorical axes against current patent law) focus on one of the real problems: the varying and inconsistent…
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By Donald Zuhn — Earlier this month, the Federal Circuit in a 2-1 decision affirmed the determination by the District Court for the Central District of California that U.S. Patent Nos. RE 38,743 and 5,389,618, which are owned by Plaintiffs-Appellees Aventis Pharma S.A. and Aventis Pharmaceuticals, Inc. (Aventis), are unenforceable for inequitable conduct. In affirming…
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By Donald Zuhn — Last week, the Federal Circuit issued an opinion in Ortho-McNeil Pharmaceutical, Inc. v. Mylan Laboratories, Inc. In Mylan Laboratories, the Federal Circuit determined that the District Court for the District of New Jersey properly construed claim 1 of U.S. Patent No. 4,513,006, owned by Plaintiff-Appellee Ortho-McNeil Pharmaceutical, Inc., to…
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By Kevin E. Noonan — The echoes of the Supreme Court’s recent spate of reversing the Federal Circuit continue to reverberate, and perhaps nowhere so loudly as in the Federal Circuit’s developing declaratory judgment jurisprudence. Or perhaps it would be more accurate to say in the total collapse of that jurisprudence: in a…
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By Donald Zuhn — Last week, the Federal Circuit determined that the District Court for the District of New Jersey properly construed claim 1 of U.S. Patent No. 4,513,006 to encompass Plaintiff-Appellee Ortho-McNeil Pharmaceutical, Inc.’s epilepsy drug topiramate, and affirmed the District Court’s decision to (1) permanently enjoin Defendants-Appellees Mylan Laboratories, Inc. and…
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Federal Circuit Gives Amgen a Mixed Decision on Its ITC Complaint against Roche’s Mircera® By Kevin E. Noonan — The Federal Circuit in a decision handed down on Wednesday affirmed the International Trade Commission’s grant of summary judgment against Amgen in its attempts to block importation of Roche’s Mircera® peglylated erythropoietin product. In…
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By Kevin E. Noonan — On Friday, the Court of Appeals for the Federal Circuit handed Pfizer a mixed decision on defendant Teva’s appeal of a District Court judgment that Teva was liable for infringing a trio of Pfizer patents (U.S. Patent Nos. 5,466,823; 5,563,165; and 5,760,068) relating to the pain medication Celebrex®…
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By Donald Zuhn — On February 28th, the Federal Circuit, in Regents of the Univ. of California v. DakoCytomation California, Inc.: (a) affirmed the denial by the District Court for the Northern District of California of a preliminary injunction sought by the Regents of the University of California, Abbott Molecular Inc., and Abbott…
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Monsanto Prevails Again against Infringing Farmer By Kevin E. Noonan — In recent weeks, Monsanto has prevailed in patent infringement lawsuits involving its patented seeds from various crop species genetically engineered to be resistant to glyphosate herbicides such as Roundup® (also a Monsanto product). The U.S. Supreme Court recently refused to grant certiorari…
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