Patent Law Weblog
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- REGENEXBIO Inc. v. Sarepta Therapeutics, Inc. (Fed. Cir. 2026)
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Category: Federal Circuit
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By Grantland Drutchas — The U.S. Patent and Trademark Office has now filed its response brief in In re: Janssen Biotech, Inc., New York University, No. 2017-1257 (Fed. Cir.), the Federal Circuit appeal involving U.S. Patent No. 6,284,471/Reexamination Control No. 90/012,851 ("Reexam appeal"). This is a parallel appeal to Janssen's appeal from its District Court action…
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By Paul Cole* — Study of the background to Recognicorp, LLC v. Nintendo Co. (Fed. Cir. 2017), the subject of Michael Borella's earlier posting, reveals basis for his concerns about lack of analysis of the detailed disclosure of the specification and inattention to the detailed subject matter which was actually claimed. A reader of Judge…
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By Kevin E. Noonan — The Federal Circuit's decision on Friday, in Braintree Laboratories, Inc. v. Breckenridge Pharmaceutical, Inc., illustrates the risks a litigant can take when agreeing to a stipulation in an effort at least to reduce litigation costs and issues presented at trial. The case involved ANDA litigation over ANDA defendant Breckenridge Labs'…
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By Kevin E. Noonan — Last week, the Federal Circuit completed its review of a series of patents relating to treating Pompe disease and invalidated by inter partes review before the U.S. Patent and Trademark Office's Patent Trial and Appeal Board (PTAB), in Duke University v. BioMarin Pharmaceutical Inc. The drug recited in the challenged…
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By Michael Borella — Recognicorp, owner of U.S. Patent No. 8,005,303, sued Nintendo for infringement in the U.S. District Court for the District of Oregon. After a transfer to the U.S. District Court for the Western District of Washington and reexamination proceedings in the U.S. Patent and Trademark Office, Nintendo moved for judgment on the pleadings. …
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Acting as Lexicographers Saves Patent from Being Found Invalid By Joseph Herndon — In a recent Federal Circuit decision, the Court highlighted an old rule in that the inventors may act as their own lexicographers to create a claim term and define the term accordingly. Here, a U.S. patent directed to user interface functionality on…
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By Kevin E. Noonan — Yesterday, the Supreme Court heard oral arguments in Sandoz Inc. v. Amgen Inc. from Sandoz counsel (Deanne E. Maynard), Amgen counsel (Seth P. Waxman), and presenting the opinion of the United States, an Assistant to the Solicitor General, U.S. Department of Justice (Anthony A. Yang). A synopsis of the arguments made by…
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By Kevin E. Noonan — It has been the experience of more than a few first-year law students taking Civil Procedure I that the only correct answer to a complex procedural problem is that there is no way for a plaintiff to bring suit. The student usually develops this legal insight on the final exam,…
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By Andrew Williams — Can a prior art reference that does not contain a teaching sufficient enough to allow it to be used in an obviousness combination nevertheless be used as a background reference for evidence of motivation to combine? Moreover, does it matter if an adjudicating body had concluded earlier in a proceeding that…
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By Kevin E. Noonan — In February, the Patent Trial and Appeal Board (PTAB) of the U.S. Patent and Trademark Office rendered judgment that there was no interference-in-fact between the claims in interference between the Regents of the University of California/Berkeley and the Broad Institute. Yesterday, UC/Berkeley filed a Notice of Appeal at the Federal…
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