Analysis of patent litigation, PTAB practice, prosecution and pharma IP, written on the data behind LexDana.
Tagged patent · clear
On Tuesday, a Delaware district court judge ruled that a group of Mallinckrodt patents failed the Alice/(mostly)Mayo test as claiming a natural phenomenon. The patents are directed to a method of safely using the Innomax system, which administers nitric…
Preserving The PTAB Trial Record An objection operates to preserve errors in admitting evidence. At the PTAB, the manner and timing of making evidentiary objections is governed by agency rule rather than the Federal Rules of Evidence (FRE). 37 C.F.R.…
Please read my recent post about stage 1 of this proceeding, in which the Judge in 2016 found that the claims to diagnosing Myasthemia Gravis (MG) by adding MuSk to a patient sample and detecting any IgG autoantibody complexes that are formed, e.g., by…
Written by Casey D. Donahoe, Ph.D. and Kerry S. Taylor, Ph.D. Hospira (owned by Pfizer) filed five IPR petitions against Genentech patents that Genentech asserted were directed to Herpceptin® (trastuzumab). The PTAB has now instituted IPRs in three of…
Before reading this post, please read my post of July 19, 2017 about Millennium Pharms. v. Sandoz , and you will “get” the title. Judges Lourie and Newman both dissented from refusal of the court to rehear the holding in Schering v. Geneva en…
Written by Damien Howard and Nathanael Luman, Ph.D. The PTAB recently designated as precedential its 2013 decision that assignor estoppel is not a defense for patent owners in IPR proceedings in Athena Automation Ltd. v. Husky Injection Molding Systems…
Written by Peter E. Heuser , Schwabe, Williamson & Wyatt, P.C. The Circuit issued only one precedential patent case this week, reversing a determination of obviousness as to a Millennium Pharmaceutical patent covering its blockbuster cancer drug…
In the 2003 panel decision in Schering Corp. v. Geneva Pharm., Inc., the panel rejected “the contention that inherent anticipation requires recognition [of the claim element not found] in the prior art.” The claims were directed to a bioactive…
Previous posts (e.g., here , here and here ) discussed the patent enforcement activity of Celgard , a North Carolina company that manufactures specialty membranes and separators for lithium ion batteries. In these lawsuits, Celgard has asserted U.S. Patent…
Written by Chang Lim and Michael L. Fuller Introduction On May 23, 2017, the District Court for the Eastern District of Virginia (“District Court”) denied a motion for summary judgment that the patent claims asserted in a lawsuit brought by…
Ariosa was a decision that essentially held that the novel discovery of a naturally-occurring phenomenon could not per se meet the Mayo/Alice requirement for an inventive concept, even though it was of “groundbreaking importance” in advancing…
Written by Peter E. Heuser, Schwabe, Williamson & Wyatt, P.C. In EmeraChem v Volkswagen the Circuit reverses a determination of obviousness because the ‎Board did not provide the patentee with an adequate opportunity to address a prior art reference…
