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 Andrew Williams — On Monday, in Otsuka Pharmaceutical Co. v. Sandoz, Inc., the Federal Circuit clarified the differences between obviousness and obviousness-type double patenting for a chemical composition-of-matter invention. Specifically, a new chemical compound is prima facie obvious if (1) a chemist of ordinary skill would have selected prior art compounds as a lead…
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By Donald Zuhn — Last month, in In re Mousa, the Federal Circuit affirmed a decision by Board of Patent Appeals and Interferences sustaining the invalidity of U.S. Application No. 10/667,216 for anticipation and obviousness. The '216 application is directed to chemically fractured and modified heparin. Heparin, an anticoagulant typically used to prevent blood clots…
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By Donald Zuhn — In an order issued by the Federal Circuit this morning in Association for Molecular Pathology v. U.S. Patent and Trademark Office ("Myriad"), the Court has requested that the parties file simultaneous supplemental briefs of not more than 20 pages by June 15, 2012 to address the following issue: What is the…
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By Andrew Williams — In a second case involving the Hatch-Waxman regulatory scheme decided by the Federal Circuit on Monday, the Court held in Bayer Schering Pharma AG v. Lupin, Ltd. that for an ANDA filing to infringe a method-of-use claim, the proposed label must indicate that the FDA has determined that the drug is…
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By Kevin E. Noonan — In a decision ripe for Supreme Court review (appropriately, this time), a fractured Federal Circuit delivered a plurality opinion in Marine Polymer Technologies, Inc. v. Hemcon, Inc. (Fed. Cir. 2012) (en banc). The case revealed a deep division between judges taking a strict constructionist view of the patent statute (in…
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By Andrew Williams — On Monday, in Dey Pharma, LP v. Sunovion Pharmaceuticals Inc., the Federal Circuit affirmed a District Court's conclusion that it had subject-matter jurisdiction over a declaratory judgment action of a second ANDA filer, and as a result also affirmed the District Court's final judgment of non-infringement (based on a stipulation of…
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By Donald Zuhn — Last month, in Promega Corp. v. Life Technologies Corp., the Federal Circuit affirmed a decision by the District Court for the Western District of Wisconsin granting a motion to compel arbitration by Invitrogen IP Holdings, Inc. The appeal involved a 1996 licensing agreement between Research Genetics, Inc. and Promega Corp. concerning…
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By Donald Zuhn — Last month, in University of Southern California v. DePuy Spine, Inc., the Federal Circuit vacated and remanded a decision by the Board of Patent Appeals and Interferences awarding priority to Appellee DePuy Spine, Inc. in an interference between DePuy's U.S. Patent No. 6,812,211 and U.S. Patent Application No. 10/230,671. Appellants University…
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By Donald Zuhn — Last month, the Federal Circuit affirmed a decision by the District Court for the District of New Jersey dismissing Plaintiff-Appellant Dr. George Pieczenik's complaint for failing to state a claim on which relief could be granted, as well as dismissing his charge of copyright infringement and denying his request for compulsory…
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Federal Circuit Overrules PTO on Statutory Construction By Kevin E. Noonan — The interplay between the U.S. Patent and Trademark Office and its supervisory appellate court (whether the Court of Customs and Patent Appeals or, after 1982, the Federal Circuit) is of long vintage. Examples include the dispute between the CCPA (particularly Judge Rich) and…
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