Analysis of patent litigation, PTAB practice, prosecution and pharma IP, written on the data behind LexDana.
On November 16, 2021, Miramax, LLC (“Miramax”) brought claims of breach of contract, copyright infringement, trademark infringement, and unfair competition against director Quentin Tarantino. A copy of the complaint can be found here . Miramax…
CASES OF THE WEEK AstraZeneca AB v. Mylan Pharmaceuticals Inc. , Appeal No. 2021-1729 (Fed. Cir. Dec. 8, 2021) Our Case of the Week again focuses on numerical values in claims. Last week we addressed a case involving whether there was written description…
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…
Try typing COVID in your search engines and you will likely get billions of results. Meanwhile a bit more than 2 years before, this and the coronavirus word were practically unknown. As Einstein once said “In the middle of difficulty lies…
CASES OF THE WEEK Biogen International GMBH v. Mylan Pharmaceuticals Inc. , Appeal No. 2020-1933 (Fed. Cir. Nov. 30, 2021) For the second time in two weeks, our Case of the Week focuses on the written description requirement, in particular where the patent…
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…
A part of the Consolidated Appropriations Act for 2021 passed on 27 December 2020, was the Trademark Modernization Act which comes in effect in few weeks. This update to the Lanham Act aims to combat the rise in scamming and fraudulent trademark filings…
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…
CASES OF THE WEEK Indivior UK Ltd. v. Dr. Reddy’s Laboratories S.A. , Appeal Nos. 2020-2073, -2142 (Fed. Cir. Nov. 24, 2021) Our Case of the Week this week focuses on the written description requirement when the patent claims a range. The Court…
