Patent Law Weblog
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- Judicial Conduct and Disability Committee Has Its Say, Denies Judge Newman’s Latest Request for Review
- PTAB Issues Judgment on Priority in CRISPR Interference
- Parties File Supplemental Priority Statements in CRISPR Interference
- Why the Alice Test is Stupid, Part V: The Goalposts Keep Moving
- Meanwhile, Back at the PTAB with CRISPR – Update
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Category: Federal Circuit
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By Donald Zuhn — The Federal Circuit today affirmed-in-part and vacated-in-part an order by the District Court for the Northern District of West Virginia awarding $1,011,712 in costs to Plaintiff-Appellee Daiichi Pharmaceutical Co., and remanded to the District Court for an apportionment determination of the awarded costs. Daiichi owns U.S. Patent No. 5,053,407, which…
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By Donald Zuhn — Plaintiff-appellee Dr. Triantafyllos Tafas was not alone yesterday in filing a petition for a panel rehearing or rehearing en banc of the March 20 decision in Tafas v. Doll (see Patent Docs report). Also seeking a rehearing of the Federal Circuit's decision in Tafas were plaintiffs-appellees SmithKline Beecham Corp., SmithKline…
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By Kevin E. Noonan — The Federal Circuit clarified the role of the written description requirement in interference practice today in an opinion by Judge Rader, one of the Court's most severe critics of its written description jurisprudence. Unlike the situation where the written description requirement is used to invalidate patents (which is the…
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By Donald Zuhn — Earlier today, counsel for Dr. Triantafyllos Tafas filed a petition for a panel rehearing or rehearing en banc of the decision issued by the Federal Circuit in Tafas v. Doll. In that decision, issued on March 20, a split panel determined that Rules 75, 78, 114, and 265 are procedural,…
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By Donald Zuhn — Yesterday, Ariad Pharmaceuticals filed a petition for a panel rehearing of the decision issued by the Federal Circuit in Ariad Pharmaceuticals, Inc. v. Eli Lilly & Co. In that decision, issued on April 3, the Federal Circuit reversed the District Court's denial of Lilly's motion for JMOL in view of…
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By Andrew Williams — On Monday, the Federal Circuit issued its decision in Amgen, Inc. v. Ariad Pharmaceuticals, Inc., dealing another blow to Ariad Pharmaceuticals and U.S. Patent No. 6,410,516, directed to certain aspects of the NF-κB transcription factor pathway. Previously, on April 3, the Federal Circuit held that four of the claims of…
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By Kevin E. Noonan — In an otherwise unremarkable decision affirming the district court's claim construction and summary judgment of noninfringement in Abbott Laboratories v. Sandoz, Inc., the Court of Appeals for the Federal Circuit took the opportunity to reconcile a long-standing conflict in its precedent. Deciding this portion en banc, the court expressly…
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By Andrew Williams — Last Thursday, the Federal Circuit affirmed the decision of the District Court for the District of New Jersey denying a request by Altana Pharma and Wyeth (collectively "Altana") for a preliminary injunction to prevent Teva Pharmaceuticals ("Teva") from marketing a generic version of the antiulcer drug Protonix®. The active ingredient…
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By Andrew Williams — Last year, a panel of the Federal Circuit affirmed the International Trade Commission's (ITC's) grant of summary judgment against Amgen in its attempts to block importation of Roche's Mircera® peglylated erythropoietin product. At the time, Patent Docs provided a detailed report of the decision and its implications. As a review,…
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Another "Bright-Line" Rule from the Federal Circuit By Kevin E. Noonan — The Supreme Court has had the occasion to overrule the Federal Circuit with prolixity over the past ten years. And in many of those cases (including KSR Int’l Co. v. Teleflex Inc., eBay Inc. v. MercExchange, LLC, Quanta Computer, Inc. v. LG…
Patent Docs 