Patent Law Weblog
recent posts
- 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: Infringement – Literal or DOE
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By Kevin E. Noonan — The Federal Circuit clarified its position on method claim infringement to the detriment of the plaintiff in Muniauction, Inc. v. Thomson Corp., vacating an $84.6 million dollar judgment (in a contingency fee case, no less). In a jury trial, Defendants Thomson Corp. and I-Deal LLC were found to…
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By Donald Zuhn — The Federal Circuit today affirmed a finding on summary judgment by the District Court for the Northern District of California that U.S. Patent No. 5,110,493, which is owned by Plaintiff-Appellee Roche Palo Alto LLC, is valid and infringed by Defendants-Appellants Apotex, Inc. and Apotex Corp. (Apotex). In affirming the…
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By Kevin E. Noonan — The Biotechnology Industry Organization (BIO) submitted an amicus brief today to the Court of Appeals for the Federal Circuit in the Amgen v. Hoffman-LaRoche case (see "Brief of Biotechnology Industry Organization as Amicus Curiae in Support of Appellee and Affirmance "). This case involves Roche’s Mircera® drug product,…
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By Donald Zuhn — Yesterday, the Federal Circuit affirmed the determination by the District Court for the Southern District of New York that Defendants-Appellees Mylan Laboratories, Inc., Mylan Pharmaceuticals, Incorporated, Esteve Quimica, S.A., and Laboratorios Dr. Esteve, S.A. (Mylan) did not infringe U.S. Patent Nos. 4,786,505 and 4,853,230, which relate to oral pharmaceutical…
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Federal Circuit Gives Amgen a Mixed Decision on Its ITC Complaint against Roche’s Mircera® By Kevin E. Noonan — The Federal Circuit in a decision handed down on Wednesday affirmed the International Trade Commission’s grant of summary judgment against Amgen in its attempts to block importation of Roche’s Mircera® peglylated erythropoietin product. In…
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By Donald Zuhn — On February 28th, the Federal Circuit, in Regents of the Univ. of California v. DakoCytomation California, Inc.: (a) affirmed the denial by the District Court for the Northern District of California of a preliminary injunction sought by the Regents of the University of California, Abbott Molecular Inc., and Abbott…
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Innogenetics Loses Injunction; Abbott HCV Genotyping Test to Remain on the Market By Robert Dailey — The Federal Circuit today released its opinion in the ongoing dispute between Abbott and Innogenetics over diagnostic tools for classifying hepatitis C virus (HCV) genotypes. Patent Docs previously reported on the District Court order and its issuance…
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ANDA Filing Not Violation of Express Terms of Injunction By Sherri Oslick — In an opinion authored by Chief Judge Michel and issued late last week, the CAFC reversed the United States District Court for the Northern District of Illinois, finding Apotex not to have violated an injunction prohibiting it from manufacturing, using,…
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By Kevin E. Noonan — In Schwarz Pharma, Inc. v. Paddock Labs., Inc., the Federal Circuit affirmed a District Court determination that infringement under the doctrine of equivalents was precluded by prosecution history estoppel, and decided whether a patentee is an indispensable party to confer standing on the exclusive licensee. Schwarz Pharma and…
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By Kevin E. Noonan — The Federal Circuit last week clarified two frequently-disputed areas of patent prosecution: how to claim progeny of inventions that inherently self-replicate, and how to appropriately fulfill both the written description and enablement requirements of 35 U.S.C. § 112, first paragraph, and at the same time disclose broadly enough…
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