Analysis of patent litigation, PTAB practice, prosecution and pharma IP, written on the data behind LexDana.
Tagged pharmaceuticals · clear
Federal Circuit Summary Before Lourie , Bryson, and Wallach. Appeal from the Patent Trial and Appeal Board. Summary : A party joined to an inter partes review has the right to appeal the Board’s final written decision even if the initial petitioner…
Federal Circuit Summary Before Lourie , Chen, and Stoll. Appeal from the Patent Trial and Appeal Board. Summary : A generic pharmaceutical company had standing to appeal the Board’s decision in an IPR that claims of a patent were not obvious even…
Federal Circuit Summary Before Prost, Wallach, and Chen . Appeal from the United States District Court for the District of Delaware. Summary : A post-URAA patent that issues after but expires before a related pre-URAA patent is not a double-patenting…
Federal Circuit Summary Before Moore, Chen , and Hughes. Appeal from the United States District Court for the District of Delaware. Summary : Obviousness-type double patenting does not invalidate an otherwise validly obtained patent term extension under 35…
Federal Circuit Summary Before Judges Reyna , Bryson, and Stoll. Appeals from the Patent Trial and Appeal Board and the United States District Court for the District of Delaware. Summary: Non-prior art evidence may be considered when evaluating the…
Federal Circuit Summary Before O’Malley, Reyna, and Hughes. Appeal from the District Court for the Northern District of California. Summary: Testing for the presence of a bacterium that causes tuberculosis and the primers used in that testing were…
Federal Circuit Summary Before Newman, Dyk, and Taranto . Appeal from the United States District Court for the District of Delaware. Summary : Pharmaceutical patents were obvious where the claims covered species of a genus taught by the prior art, the…
On July 20, 2018, the Federal Circuit held that tribal sovereign immunity is not available as a defense in IPR. Allergan Pharmaceuticals owned patents that it had asserted in litigation against various generic pharmaceutical manufacturers, including Mylan…
Federal Circuit Summary Before Dyk, Moore , and Reyna. Appeal from the Patent Trial and Appeal Board. Summary: Tribal sovereign immunity does not shield Indian Tribe owned patents from IPR. Generic drug manufacturers petitioned for IPR of Allergan’s…
Federal Circuit Summary Before Moore, Linn, and Chen . Appeal from the United States District Court for the District of Delaware. Summary: A prior art reference does not inherently disclose the elements of a claim limitation if the prior art describes the…
Federal Circuit Summary Before Newman, Lourie , and Reyna. Appeal from the Patent Trial and Appeal Board. Summary: References were sufficiently accessible to the public to constitute printed publication prior art even if they were not searchable or indexed…
I have posted twice recently on the Fed. Cir.’s opinion in Vanda Pharms., Inc. v. West-Ward Pharm. Int’l, Ltd., Appeal no. 2016-2107 (Fed. Cir., April 18, 2018) . The Fed. Cir. affirmed the district court’s ruling that Vanda’s…
