Fresh From the Bench: Latest Federal Circuit Court Cases
Contributed by Schwabe Williamson & Wyatt. Originally published on Patexia; republished here as part of the LexDana archive.
CASE OF THE WEEK
Amgen Inc. v. Sandoz Inc., Appeal No. 2018-1551 (Fed. Cir. May 8, 2019)
In an appeal from a district court’s summary judgment of non-infringement, the Federal Circuit affirmed claim construction and non-infringement opinions in a case brought under the Biologics Price Competition and Innovation Act.
The claims recite a sequence of steps for purifying a protein. At issue was whether the steps must be performed in the sequence recited in the claims.
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Written by: Scott D. Eads and Nika Aldrich, Schwabe Williamson & Wyatt
Contributor: Erin Forbes
More insights
Federal Circuit Affirms Invalidation of Patent for Lack of Enablement of Claims Directed to a Method of Treating a Patient with a Unit Dosage in Wyeth Llc v Astrazeneca Pharmaceuticals Lp
Written by : Eric Furman, Ph.D. and Ashley C. Morales Key Takeaway: Federal Circuit invalidates patent claims directed to a method for treating non-small cell lung cancer through administration of “a unit dosage” of an irreversible epidermal…
When About Becomes Indefinite Federal Circuit Provides Guidance for Life Science Patent Applications Regarding Limits of Approximation in Enviro Tech v Safe Foods
Written by : Jason J. Jardine and Kenneth O. Aruda, Ph.D. Key Takeaway: The term “about” remains useful in biotech and pharmaceutical claims, but only if the patent provides objective guidance about what the term means. Absent that guidance,…
When Any Patent Means No Patent Federal Circuit Reverses Non Specific Verdict
Written by : Brian C. Barnes and Sophia F. Zahn OLLNOVA TECHNOLOGIES LTD. v. ECOBEE TECHNOLOGIES ULC [OPINION] Before Chen , Cunningham, and Stark. Appeal from the United States District Court for the Eastern District of Texas. Summary : A verdict form…