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)
- To Require an Inventor ID, or Not to Require an Inventor ID – That Is the Question
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Category: Novelty
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Extreme Caution Needed When Overcoming Inherent Anticipation Rejections By Robert Dailey Last week the Federal Circuit affirmed a District Court finding of inequitable conduct against Cargill in its prosecution of U.S. Patent Nos. 5,969,169 and 6,201,145. The case highlights the continuing instability in the Federal Circuit’s inequitable conduct jurisprudence. At the broadest level,…
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Innogenetics Wins $7 Million Judgment Against Abbott for Infringing HCV Genotyping Method By Robert Dailey — Judge Barbara Crabb, in an opinion issued last week, rejected all of Abbott's post-trial motions and upheld an earlier $7 million verdict against its diagnostics division for infringing an Innogenetics patent. Innogenetics owns U.S. Patent Number 5,846,704…
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By Donald Zuhn — In an appeal from a District Court judgment of validity and infringement, the Federal Circuit affirmed the District Court's finding of validity, holding that U.S. Patent No. 5,229,382 (the '382 patent) was not anticipated by Chakrabati et al., 1980, J. Med. Chem. 23:878-84 (Chakrabati) or the patentee's clinical trials,…
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By Donald Zuhn — In an appeal from a District Court decision granting a preliminary injunction in favor of Plaintiffs-Appellees Sanofi-Synthelabo, Sanofi-Synthelabo, Inc., and Bristol-Myers Squibb Sanofi Pharmaceuticals Holding Partnership (Sanofi), the Federal Circuit concluded that the District Court did not abuse its discretion in granting preliminary injunctive relief, and thus, affirmed the District…
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By Donald Zuhn — In an appeal from a District Court judgment holding claims 1-5 of U.S. Patent No. 5,527,814 (the '814 patent) enforceable, valid, and infringed, the Federal Circuit affirmed the District Court's finding of no inequitable conduct, vacated the District Court's finding that claims 1-5 of the '814 patent were not invalid…
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By Donald Zuhn — In an appeal from a District Court judgment of validity and noninfringement, the Federal Circuit reversed the District Court's finding of validity, holding the asserted claims in U.S. Patent No. 5,990,176 to be anticipated by the disclosure in U.S. Patent No. 5,684,211. The '176 patent relates to degradation-resistant compositions…
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By Donald Zuhn — In an appeal from a District Court judgment invalidating more than two hundred claims in three Invitrogen patents as being anticipated under § 102(g)(2), the Federal Circuit vacated the District Court’s invalidity judgment and remanded the case for further proceedings, holding that the District Court misapplied the law of…
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By Donald Zuhn — In an appeal from a decision of the Board of Patent Appeals and Interferences, the Federal Circuit affirmed the rejection of claims directed to purified DNA molecules having promoter activity for the human involucrin gene (hINV) as unpatentable under 35 U.S.C. § 102(b). After isolating and sequencing the promoter…
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