Patent Law Weblog
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- Apple v. Squires: USPTO Director Has Unlimited Discretion on IPR Institution
- The Ghost in the Machine: Why GenAI Can Be Both a Brilliant Researcher and a Terrible Advocate
- Bayer Files Suit Against Trio of COVID-19 Vaccine Makers
- Allen v. Cooper (4th Cir. 2026)
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Category: Injunction
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By Kevin E. Noonan — As Patent Docs has reported (see Part I and Part II), last week District Court Judge William G. Young (D. Mass) issued a 150-page decision on post-trial motions and a permanent injunction, and provided his rationale for a number of pretrial summary judgment motion decisions, in Amgen Inc.…
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By Kevin E. Noonan — On October 2nd, District Court Judge William G. Young (D. Mass) issued a decision on post-trial motions and a permanent injunction in Amgen Inc. v. Hoffmann-LaRoche, Amgen’s patent infringement suit over Roche’s Mircera® drug product. In a 150-page opinion, Judge Young handed Amgen nothing less than a complete…
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By Kevin E. Noonan — On October 2nd, District Court Judge William G. Young (D. Mass) issued a decision on post-trial motions and a permanent injunction in Amgen Inc. v. Hoffmann-LaRoche, Amgen’s patent infringement suit over Roche’s Mircera® drug product. In a 150-page opinion, Judge Young handed Amgen nothing less than a complete…
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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 — Last week, the Federal Circuit issued an opinion in Ortho-McNeil Pharmaceutical, Inc. v. Mylan Laboratories, Inc. In Mylan Laboratories, the Federal Circuit determined that the District Court for the District of New Jersey properly construed claim 1 of U.S. Patent No. 4,513,006, owned by Plaintiff-Appellee Ortho-McNeil Pharmaceutical, Inc., to…
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Somerset Pharm., Inc. v. Dudas (Fed. Cir. 2007) (reissued as precedential) By Sherri Oslick — The Federal Circuit has now reissued its earlier Somerset opinion as precedential; a summary of the original, non-precedential opinion can be found in our earlier post here. In view of the CAFC’s recent reissue of the identical opinion…
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Denial of PI for Interim Patent Term Extension Affirmed By Sherri Oslick — In a nonprecedential opinion, the Federal Circuit affirmed the District Court of Delaware’s denial of Somerset’s request for preliminary injunction to compel the Director of the USPTO to grant an interim patent term extension. Somerset is the owner of U.S.…
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By Kevin E. Noonan — The Federal Circuit addressed the contours of federal court declaratory judgment jurisdiction in light of the recent U.S. Supreme Court holding in MedImmune,Inc. v. Genentech, Inc. in a decision last week in Benitec Australia, Ltd. v. Nucleonics, Inc. Although the Federal Circuit’s application of the law was uneventful,…
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Permanent Injunction Issued Against Abbott HCV Genotyping Test Kit By Robert Dailey — District Judge Barbara Crabb of the Western District of Wisconsin has issued a permanent injunction against Abbott that halts worldwide sales of its HCV genotyping test kits. In an opinion issued last week (and reported on Patent Docs), the Court…
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By Kevin Noonan — Illustrating once again distinctions between permanent and preliminary injunctions in its jurisprudence, the Federal Circuit used a combination of its patent-specific precedent and regional circuit law to affirm a preliminary injunction against only one of three co-defendants. In Abbott Lab. v. Andrx Pharm., Inc., the Court held that one…
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