Patent Law Weblog
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- USPTO and DOJ Statement of Interest in Collision Communications: Another Thumb on the Scale in Favor of NPE Patent Plaintiffs
- Oasis Tooling, Inc. v. Siemens Industry Software Inc. (Fed. Cir. 2026)
- Why AI Will Not Take Over the World
- BioNTech Sues Moderna over mRNA Vaccine Technology
- CNIPA Issues Letter on Identity of Foreign Inventors
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Category: Federal Circuit
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By Kevin E. Noonan — The old proverb "success has many fathers, while failure is an orphan" comes to mind when considering the Federal Circuit's decision in Eli Lilly & Co. v. Teva Pharmaceuticals USA, Inc. In the Court's decision, repeated failures, even by Lilly scientists in developing its osteoporosis drug Evista® (raloxifene hydrochloride), were…
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By Donald Zuhn — The U.S. Court of Appeals for the Federal Circuit issued an Order today in Eli Lilly & Co. v. Actavis Elizabeth LLC, granting Lilly's request for an injunction to prevent Defendants-Appellees from launching generic versions of Lilly's ADHD drug Strattera® until Lilly's appeal has been resolved. On August 25, Lilly filed…
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By Donald Zuhn — On Thursday, the U.S. Court of Appeals for the Federal Circuit issued an Order in Eli Lilly & Co. v. Actavis Elizabeth LLC, continuing a temporary injunction that had been granted by the District Court for the District of New Jersey one week earlier. Lilly moved for the injunction, which prohibits…
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By Kevin E. Noonan — Happy families are all alike; every unhappy family is unhappy in its own way.Leo Tolstoy, Anna Karenina, Chapter 1, first line The several amicus curiae briefs that have been filed in the en banc rehearing of Therasense, Inc. v. Becton, Dickinson & Co. bring this quote to mind, since none…
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By Donald Zuhn — In June, Myriad Genetics and ten Directors of the University of Utah Research Foundation filed a Notice of Appeal in Association for Molecular Pathology v. U.S. Patent and Trademark Office, seeking review of the decision by Judge Robert W. Sweet of the Southern District of New York granting partial summary judgment…
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By Kevin E. Noonan — Many of the amicus curiae briefs that have been filed in the en banc rehearing of Therasense, Inc. v. Becton, Dickinson & Co. have mentioned (if not bemoaned) the negative effects the Federal Circuit's inequitable conduct jurisprudence has had on the functioning of the U.S. Patent and Trademark Office. So…
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By Tim Peterson — The Federal Circuit will soon be addressing the issue of patentable subject matter as it relates to biotechnology patents in a trilogy of cases: Prometheus Laboratories, Inc. v. Mayo Collaborative Services, Classen Immunotherapies, Inc. v. Biogen Idec, and Association for Molecular Pathology v. U.S. Patent and Trademark Office ("Myriad"). In the…
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By Kevin E. Noonan — The American Bar Association (ABA) has filed a brief in the Therasense, Inc. v. Becton, Dickinson & Co. case, in support of neither party but arguing forcefully that the current state of the Federal Circuit's jurisprudence on inequitable conduct is in need of correction. The brief follows a recommendation from the…
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Inherent Anticipation and Inherent Obviousness? By Andrew Williams — Last week, in King Pharmaceuticals, Inc. v. Eon Labs, Inc., the Federal Circuit affirmed a grant of summary judgment of invalidity of U.S. Patent Nos. 6,407,128 (the "'128 patent") and 6,683,102 (the "'102 patent"), although not necessarily for the same reasons articulated by the U.S. District…
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By Kevin E. Noonan — In the otherwise unremarkable case of Intervet Inc. v. Merial Ltd., the Federal Circuit reversed the District Court's claim construction on two terms and remanded for further consideration. What has made this case a little more remarkable is that Judge Dyk (at right) took the occasion to sua sponte raise…
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