Patent Law Weblog
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- BioNTech Sues Moderna over mRNA Vaccine Technology
- CNIPA Issues Letter on Identity of Foreign Inventors
- REGENEXBIO Inc. v. Sarepta Therapeutics, Inc. (Fed. Cir. 2026)
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- The Ghost in the Machine: Why GenAI Can Be Both a Brilliant Researcher and a Terrible Advocate
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Category: Federal Circuit
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By Kevin E. Noonan — The Federal Circuit has scheduled oral argument in Myriad Genetics' appeal of denial earlier this year by the Utah District Court of its motion for preliminary injunction against Ambry Genetics (see "Utah Judge Denies Myriad's Preliminary Injunction Motion"). Designated case no. 14-1361, University of Utah Research v. Ambry Genetics Corp., argument…
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By Donald Zuhn — Last month, in AbbVie Inc. v. Mathilda & Terence Kennedy Institute of Rheumatology Trust, the Federal Circuit affirmed a determination by the District Court for the Southern District of New York that U.S. Patent No. 7,846,442, which is owned by the Mathilda & Terence Kennedy Institute of Rheumatology Trust ("Kennedy Trust"),…
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By Michael Greenfield — In a not particularly well-written opinion that breaks no new ground, the Federal Circuit considered a consolidated appeal of two patents directed to methods of promoting hair growth, including, in particular, eyelash hair growth using compounds and analogs that were previously known for their utility in treating glaucoma. Allergan had asserted…
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By Kevin E. Noonan — In the second of a pair of decisions issued last Friday, styled Ferring B.V. v. Watson Laboratories, Inc., the Federal Circuit affirmed a finding by the District Court that the generic ANDA challenger had not shown the asserted claims of the patents-in-suit were obvious, but reversed the District Court's finding…
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By Kevin E. Noonan — In the first of a pair of decisions issued last Friday, Ferring B.V. v. Watson Laboratories, Inc., the Federal Circuit affirmed a finding by the District Court that a generic company could moot ANDA litigation by amending its application to exclude practice of an infringing article. The case involved a…
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By Michael Borella — Planet Bingo is the assignee of U.S. Patent Nos. 6,398,646 and 6,656,045, both directed to computer-implemented methods and systems for managing bingo games. Planet Bingo filed an infringement action in the United States District Court for the Western District of Michigan, alleging that VKGS infringed both patents. The District Court granted…
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Proofread your claims before you sue! By Michael Greenfield — Even obvious clerical errors in patent claims can doom your lawsuit if not corrected before suit is filed. This was evident in H-W Technology, L.C. v. Overstock.com, Inc., issued July 11, 2014, where the Federal Circuit upheld the District Court's judgment in favor of defendant…
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By Kevin E. Noonan — Last week, the Federal Circuit affirmed a finding of inequitable conduct in Apotex v. USB, a relatively rare occurrence in the years after the Federal Circuit's decision in Therasense v. Becton, Dickenson. In the Therasense case, the Federal Circuit sitting en banc clarified the standards for finding inequitable conduct, in…
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By Michael Borella — Ever since the 2010 Supreme Court opinion in Bilski v. Kappos was handed down, the debate over the scope of patent-eligibility under 35 U.S.C. § 101 has been at times stimulating, complex, comical, and frustrating. Now it has taken a turn for the disturbing. I/P Engine sued AOL and several other…
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By Andrew Williams — Can filing a lawsuit under the Hatch-Waxman scheme of 35 U.S.C. § 271(e)(2)(A) ever give rise to antitrust liability? The Federal Circuit last week indicated in the affirmative. That statute provides that: It shall be an act of infringement to submit— (A) an application under section 505(j) of the Federal Food, Drug,…
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