Analysis of patent litigation, PTAB practice, prosecution and pharma IP, written on the data behind LexDana.
Tagged intellectual property law · clear
TEVA PHARMACEUTICALS USA, INC., v. CORCEPT THERAPEUTICS, INC. Before Moore, Newman, and Reyna. Appeal from the Patent Trial and Appeal Board. Summary: Limitations, such as specific drug doses, in claim language can impact the application of the reasonable…
ASTRAZENECA AB v. MYLAN PHARMACEUTICALS INC. Before: Taranto, Hughes, and Stoll Summary: For purposes of claim construction, intrinsic evidence can trump the plain and ordinary meaning of scientific conventions such as significant figures. AstraZeneca AB…
MODERNATX, INC. v. ARBUTUS BIOPHARMA CORPORATION Before Lourie, O’Malley, and Stoll. Appeal from the Patent Trial and Appeal Board. Summary: Sublicensee’s theory of royalty-based injury was too speculative to support standing on appeal. Later…
MODERNATX, INC. v. ARBUTUS BIOPHARMA CORPORATION Before Lourie, O’Malley and Stoll. Appeal from the Patent Trial and Appeal Board. Summary: A presumption of obviousness based on overlapping ranges requires showing that the overlapping range is…
Trade secrets are an old form of IP that some people argue it dates back to Roman times. They have always been a choice for people who want to protect their intellectual property, along with copyrights, patents and trademarks. Since trade secrets…
BIOGEN INTERNATIONAL GMBH V. MYLAN PHARMACEUTICALS INC. Before O’Malley, Reyna, and Hughes. Appeal from the United States District Court for the Northern District of West Virginia. Summary: A specification may not describe “possession” of…
INDIVIOR UK LIMITED v. DR. REDDY'S LABORATORIES S.A. Before Lourie, Linn, and Dyk. Appeal from the Patent Trial and Appeal Board. Summary: Claims of a continuation application were anticipated because they were not entitled to the filing date of a…
You have probably heard a lot about NFTs lately, but what are they indeed? Non-fungible token many might answer, but this still doesn’t make you understand what they represent. Fungible items have no difference between them, think of a bitcoin for…
GALPERTI, INC. v. GALPERTI S.R.L. Before: Moore, Prost, Taranto. Appeal from the Trademark Trial and Appeal Board. Summary: Evidence of use of a term even without a showing of secondary meaning, by any third party, is relevant to demonstrate that an…
APPLE, INC. v. QUALCOMM, INC. Before Newman, Prost, and Stoll. Appeal from the Patent Trial and Appeal Board. Summary: Apple lacked standing to appeal an IPR decision upholding patents that Apple licenses from Qualcomm, in light of a prior decision with…
UNIVERSITY OF STRATHCLYDE v. CLEAR-VU LIGHTING LLC Before Reyna, Clevenger, and Stoll. Appeal from the Patent Trial and Appeal Board. Summary: The Federal Circuit reversed the PTAB’s obviousness decision because the inventors succeeded where the…
On October 5, 2021, the U.S. Federal Circuit reversed a finding of invalidity by the Patent Trial and Appeal Board (PTAB) for patent claims related to an “artificial valve for repairing a damaged heart valve.” St. Jude Medical LLC (“St.…
