Patent Law Weblog
recent posts
- 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 — After issuing its decision in Bilski v. Kappos, the Supreme Court granted certiorari, vacated the Federal Circuit's decision below, and remanded to the appellate court two cases related to medical diagnostic claims: Prometheus Laboratories, Inc. v. Mayo Collaborative Services and Classen Immunotherapies, Inc. v. Biogen Idec. These cases have…
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By Andrew Williams — Last month, in addition to Photocure ASA v. Kappos and Ortho-McNeil Pharmaceutical, Inc. v. Lupin Pharmaceuticals, Inc., the Federal Circuit completed the hat trick of patent term extension cases with Wyeth Holdings Corp. v. Sebelius. In this case, the Court affirmed the statutory construction decision of the U.S. District Court…
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By Kevin E. Noonan — Myriad Genetics, for itself as well as the named defendant Directors of the University of Utah Research Foundation, filed a Notice of Appeal today in Association for Molecular Pathology v. U.S. Patent and Trademark Office. As a consequence, the decision by Judge Robert Sweet holding that patents to human…
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By Andrew Williams — Last month, in Photocure ASA v. Kappos, the Federal Circuit affirmed the decision by the U.S. District Court for the Eastern District of Virginia that methyl aminolevulinate hydrochloride ("MAL hydrochloride"), brand name Metvixia®, is entitled to patent term extension pursuant to 35 U.S.C. § 156. Metvixia® was approved by the…
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By Donald Zuhn — Last week, the Court of Appeals for the Federal Circuit issued an order setting a date for oral argument en banc in Therasense, Inc. v. Becton, Dickinson & Co. The order indicates that oral argument will take place on November 9, 2010 at 10:00 am in courtroom 201. In April,…
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Further Adventures in Obviousness and Inequitable Conduct By Kevin E. Noonan — In Purdue Pharma Products L.P. v. Par Pharmaceutical, Inc., the Federal Circuit exercised its prerogative to illustrate its fractured jurisprudence on two issues, obviousness and inequitable conduct, in a (fortunately) nonprecedential decision. Contrary to its Congressional mandate to bring jurisprudential consistency to…
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By Donald Zuhn — Last month, in Vanderbilt Univ v. ICOS Corp., the Federal Circuit affirmed a decision of the District Court for the District of Delaware finding that Plaintiff-Appellant Vanderbilt University had failed to prove that Vanderbilt scientists Drs. Jackie Corbin, Sharron Francis, and Sekhar Konjeti were joint inventors of U.S. Patent Nos.…
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By Kevin E. Noonan — It has been a staple of introductory civil procedure exams to include a complicated fact pattern that, at root, leads to a determination that the lawsuit should be dismissed for failure to state a claim for which relief can be granted. The salience of such a fact pattern can…
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By Kevin E. Noonan — In Ortho-McNeil Pharmaceutical, Inc. v. Lupin Pharmaceuticals, Inc., the Federal Circuit has rendered a decision on the question of whether separate enantiomers can have "first commercial marketing or use" status for purposes of patent term extension under 35 U.S.C. § 156. The Hatch-Waxman regime for patent term extension (the…
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By Donald Zuhn — Last month, the Court of Appeals for the Federal Circuit decided that the appeal in Therasense, Inc. v. Becton, Dickinson & Co. warranted en banc consideration, and asked the parties to brief ten questions concerning the issue of inequitable conduct (see "Federal Circuit Grants En Banc Review in Therasense v.…
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