Analysis of patent litigation, PTAB practice, prosecution and pharma IP, written on the data behind LexDana.
Tagged biotechnology · clear
TEVA PHARMACEUTICALS v. ELI LILLY AND COMPANY Before LOURIE, BRYSON, and O’MALLEY. Appeal from the Patent Trial and Appeal Board. Summary: The presumption of nexus analysis requires the fact finder to consider the unclaimed features of the stated…
PACIFIC BIOSCIENCES OF CALIFORNIA v. OXFORD NANOPORE TECHNOLOGIES Before Lourie, Taranto, and Stoll. Appeal from the United States District Court for the District of Delaware. Summary: Enablement is required for the full scope of the claimed invention.…
MMUNEX CORPORATION v. SANOFI-AVENTIS U.S. LLC Before Prost, Reyna, and Taranto. Appeal from the Patent Trial and Appeal Board. Summary: Expiration of a patent during appeal from IPR does not trigger claim construction under the Phillips standard when the…
ILLUMINA, INC. v. ARIOSA DIAGNOSTICS, INC. Before Lourie, Moore, and Reyna. Modified opinion following Ariosa rehearing petition. Summary: The Federal Circuit modified its earlier decision and clarified the difference between a natural phenomenon and human…
XY, LLC v. TRANS OVA GENETICS, LC Before Wallach, Plager, and Stoll. Appeal from the United States District Court for the District of Colorado. Summary: Claims directed to improving a method of operating an apparatus may be patent eligible subject matter.…
CARDIONET, LLC v. INFOBIONIC, INC Before Dyk, Plager, and Stoll. Dyk dissenting in part. Appeal from the District of Massachusetts. Summary: Alice step one is a threshold inquiry that can be resolved by analyzing the intrinsic record without considering…
Written by : James Yang & Mark Kachner NEVRO CORPORATION v. BOSTON SCIENTIFIC CORPORATION Before Moore, Taranto, and Chen. Appeal from U.S. District Court for the Northern District of California. Summary: Functional claim term directed at avoiding a side…
ILLUMINA, INC. v. ARIOSA DIAGNOSTICS, INC. Before Lourie, Moore, and Reyna. Appeal from the Northern District of California. Summary: Use of a natural phenomenon in a method of preparation claim found patent eligible under § 101. Illumina, Inc.…
MAYO FOUNDATION FOR MEDICAL EDUCATION AND RESEARCH v. ANDREI IANCU, UNDER SECRETARY OF COMMERCE FOR INTELLECTUAL PROPERTY AND DIRECTOR OF THE UNITED STATES PATENT AND TRADEMARK OFFICE Before: Newman, Lourie , and Dyk Summary : Where a request for continued…
Ajinomoto Co., Inc. vs. CH Cheiljedang Corp. (2018-1590, 2018-1629) In a pair of cross-appeals from the International Trade Commission, the Federal Circuit affirmed the Commission’s ruling that one of CJ CheilJedang Corp.’s engineered bacterial…
QUAKE v. LO Before Reyna, Chen , and Hughes. Appeal from the Patent Trial and Appeal Board (“PTAB”). Summary : A claimed method must be expressly described as a whole in order to satisfy the written description requirement. Dr. Quake and Dr. Lo…
ENZO LIFE SCIENCES, INC. v. ROCHE MOLECULAR SYSTEMS, INC. Before Prost , Reyna, and Wallach. Appeal from the United States District Court for the District of Delaware. Summary : Broad patent claims were invalid as not enabled because the relevant art was…
