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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Medegen MMS, Inc. v. ICU Medical, Inc. (Fed. Cir. 2008) By Kevin E. Noonan — The Federal Circuit recently had the opportunity to appreciate firsthand the frustrations of district court judges with its review of claim construction under Markman v. Westview Instruments, Inc. This teaching came in a dissenting opinion from the Honorable Vaughn…
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By Kevin E. Noonan — In the Bilski case, the Federal Circuit confirmed that the judges have learned the hard lessons of ten years of Supreme Court reversals. The decision is based solely and completely on what the judges seem to believe is the "test" mandated by Supreme Court precedent, based in large part…
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By Donald Zuhn — Like many Americans, we spent Tuesday evening watching the presidential election returns come in, and now that Senator Barack Obama has been elected the 44th president of the United States, we thought it would be a good idea to take a look back at some of our previous reports discussing…
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By Kevin E. Noonan — In the excitement of the Federal Circuit's en banc decision in In re Bielski, handed down last Thursday, it could be understandable that another opinion from the Federal Circuit reviewing a Patent Office determination of unpatentability, In re Alonso, might go unnoticed. Unfortunately, this decision continues the Federal Circuit's…
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Opposing Federal Circuit Preliminary Injunction Standards in Abbott Laboratories v. Sandoz By Kevin E. Noonan — The decision of the Court of Appeals for the Federal Circuit in Abbott Laboratories v. Sandoz, affirming the District Court's grant of a preliminary injunction, nicely illustrates the way the Federal Circuit exercises its prerogatives in applying the…
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Opposing Federal Circuit Preliminary Injunction Standards in Abbott Laboratories v. Sandoz By Kevin E. Noonan — The Court of Appeals for the Federal Circuit affirmed grant of a preliminary injunction in Abbott Laboratories v. Sandoz on October 21, and also affirmed the District Court's determination that the patents-in-suit were not rendered unenforceable by inequitable…
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By Donald Zuhn — Last week, the U.S. Patent and Trademark Office and USPTO Director Jon Dudas filed their reply brief in the Tafas v. Dudas appeal. On the same day that the Patent Office filed its reply brief, Patently-O provided links to the fifteen amicus briefs filed in the appeal, thirteen of which…
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By Donald Zuhn — Last week, the Federal Circuit affirmed a determination by the Board of Patent Appeals and Interferences that the claims of U.S. Application No. 10/041,958 would have been obvious in view of five prior art references. The '958 application, filed by Appellants Saul Tzipori, Ramaswamy Balakrishnan, and Arthur Donohue-Rolfe (Tzipori), relates…
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By Donald Zuhn — The U.S. Patent and Trademark Office and USPTO Director Jon Dudas filed their reply brief today in the Tafas v. Dudas appeal (a copy of the brief can be obtained here). We previously reported on the filing of opening appeal briefs by the PTO, GSK, and Dr. Tafas. The Patent Office…
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By Kevin E. Noonan — The Federal Circuit today issued its decision in the Ciprofloxacin antitrust litigation, in an opinion that addressed the extent to which a patent-holding innovator drug company can enter into an agreement with a generic competitor that keeps the generic drug off the market. Bayer holds U.S. Patent No. 4,670,444 claiming…
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