Analysis of patent litigation, PTAB practice, prosecution and pharma IP, written on the data behind LexDana.
Promosome LLC, a biotech firm represented by law firm Susman Godfrey, has just filed a patent infringement lawsuits against Moderna, Pfizer, and BioNTech. The lawsuits claim that the mRNA-based COVID-19 vaccines produced by these companies violate…
MEDTRONIC, INC. v. TELEFLEX INNOVATIONS Before Moore , Lourie, and Dyk. Appeal from the Patent Trial and Appeal Board. Summary : A close prima facie case of obviousness can be overcome by strong evidence of objective indicia of non-obviousness. Medtronic…
The Hatch-Waxman Act, officially known as the Drug Price Competition and Patent Term Restoration Act, revolutionized the pharmaceutical industry by balancing the interests of brand-name drug manufacturers and generic drug manufacturers. It introduced the…
In January, we delved into the intricacies of patent litigation in our third annual Patent Litigation Intelligence Report. This comprehensive study spanned five years, from July 1, 2017, to June 30, 2022, scrutinizing 18,493 district court patent cases. We…
CASE OF THE WEEK Medtronic, Inc. et al. v. Teleflex Innovations S.A.R.L. , Appeal Nos. 2021-2356, -2358, -2361, -2363, and -2365 (Fed. Cir. May 24, 2023) In this week’s Case of the Week, a split panel of the Federal Circuit considered issues…
In the world of pharmaceuticals, the Abbreviated New Drug Application (ANDA) process plays a critical role in the approval and market entry of generic drugs. However, the intersection of patents and generic drug approvals can be a complex and challenging…
Written by : Matthew Pham & Daniel P. Hughes OneSubsea IP UK Limited v. FMC Technologies, Inc. Before Clevenger , Moore, and Dyk. Appeal from the United States District Court for the Southern District of Texas. Summary: Ordering additional discovery before…
Written by : Matthew Friedrichs & Daniel P. Hughes MEDTRONIC, INC. v. TELEFLEX INNOVATIONS S.A.R.L. Before Moore, Lourie , and Dyk. Appeal from the Patent Trial and Appeal Board Summary: Federal Circuit confirms low bar for evidence corroborating prior…
In today's digital landscape, protecting your trademarks has become more challenging than ever before. With the rise of e-commerce platforms, social media, and online marketplaces, unauthorized use of trademarks and brand infringement has become…
In the realm of patent examination, the search for prior art plays a critical role in determining the novelty and inventiveness of an invention. Traditionally, patent examiners manually conduct extensive searches to identify relevant prior art references.…
Written by : Sophia Petrichenko & Jason J. Jardine As predictions of an economic recession in the United States loom, 2023 has started with extensive layoffs throughout the tech industry. Though not to an equal degree, the biotechnology, pharmaceutical,…
The recent judgment in Amgen v Sanofi by the United States Supreme Court has generated significant attention within the legal and patent communities. The ruling addresses the crucial issue of enablement requirement, marking the first time in several…
