Category: Uncategorized

By Kevin E. Noonan – In a nonprecedential decision, the Federal Circuit recently affirmed a district court’s finding that innovator drugmaker Otsuka Pharmaceutical failed to show generic competitor Lupin infringed (or would infringe, if it marketed an FDA-approved generic version of Otsuka’s JYNARQUE® drug), the claims of U.S. Patent No. 8,501,730 and that Lupin had…

The Supreme Court issued an Order this morning denying certiorari in Newman v. Moore.  The Court’s Order states that:

By Kevin E. Noonan – At the beginning of June, the New Civil Liberties Alliance (representing Judge Paulene Newman) filed the Judge’s Reply Brief to the Federal Circuit Judicial Council’s Opposition to her Petition for Certiorari*.  The brief specifically identifies Judge Newman’s argument that prospective relief is not foreclosed by the Judicial Councils Reform and…

By Kevin E. Noonan – The Judicial Council of the Federal Circuit, represented by the U.S. Solicitor General, recently filed its Respondents’ Brief in Opposition to Judge Pauline Newman’s Petition for Certiorari.  While the brief followed its expected path of rebutting Judge Newman’s arguments, like much of these proceedings there was an undercurrent of at…

By Kevin E. Noonan – In a decision that, in retrospect, is not surprising (in view of the haste with which the Court took up the case after granting certiorari; see “Solicitor General Proves Persuasive; Supreme Court Grants Hikma’s Certiorari Petition“), the Supreme Court in a unanimous opinion by Justice Jackson reversed the Federal Circuit’s decision…

By Michael Borella – Eligibility wins at the Federal Circuit are scarce enough that any decision finding a claim to survive § 101 is worth a read.  Constellation Designs, LLC v. LG Electronics Inc. is worth two reads, because the panel managed to do something more useful than affirm or reverse across the Board.  Confronted…

By Kevin E. Noonan – The measurement of the hydrogen ion concentration in an aqueous solution is represented (on a logarithmic scale) as the pH, wherein water under ambient conditions (a temperature of 25°C) has a neutral pH of 7 and the solution becomes more acidic as the pH value trends towards 1 and more…

By Michael Borella – Applicants who appeal a § 101 rejection to the Patent Trial and Appeal Board (PTAB) face long odds.  Our annual surveys have put the affirmance rate for examiner eligibility rejections at roughly seven out of eight, year after year, and Technology Center 3600 has historically been one of the least hospitable…

By Joshua Rich – When we last encountered the Collison Communications v. Samsung case in the Eastern District of Texas, the U.S. Department of Justice’s Antitrust Division and U.S. Patent and Trademark Office had submitted a “Statement of Interest” on whether a non-practicing entity could obtain a permanent injunction after prevailing in patent infringement litigation.[1]…

By Kevin E. Noonan – The United States recently filed a Statement by the Antitrust Division of the Department of Justice under the provisions of 28 U.S.C. § 517 regarding the “Interests of United States in pending suits” in Corteva Agriscience LLC, Pioneer Hi-Bred International, and Agrigenetics, Inc. v. Inari Agriculture, Inc. and Inari Agriculture…