Recent Posts
- Hikma v. Vanda: Oral Argument Recap
- Teva v. Lilly should not be read as creating a new 112 rule for method of use claims
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- Judge Hughes concurrence highlights post grant review appeal standing issue for pharma cases
Category: Infringement–Direct
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By: Rocco Screnci Ben recently covered Astellas Pharma, Inc. v. Sandoz Inc., in which the Federal Circuit vacated a district court decision for violating the principle of party presentation. 117 F.4th 1371 (Fed. Cir. 2024). Today’s post focuses on some interesting procedural issues that have since developed on remand. By way of background, the district…
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by Christopher P. Singer On January 23, 2013, a group of major universities and technology transfer offices filed an amicus brief urging the United States Supreme Court to affirm the Federal Circuit in Monsanto v. Bowman. The amici argued that reversing the Federal Circuit, which ruled that Bowman infringed Monsanto’s patents for Roundup Ready®…
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On Friday morning, the USPTO pre-published its proposed rule changes implementing the provisions of the America Invents Act that convert the U.S. patent system from a "first to invent" to a "first inventor to file" system. The proposed rules (available here) were scheduled to be published in the Federal Register on Monday, but were withdrawn…
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Duramed Pharms., Inc. v. Paddock Labs., Inc., No. 2010-1419 (Fed. Cir. 2011) by Scott P. McBride CENESTIN is a conjugated estrogen pharmaceutical composition used to reduce the symptoms of menopause. In a 3-0 decision last week, the Federal Circuit affirmed that Paddock's generic version of CENESTIN would not infringe U.S. Patent No. 5,908,638, directed to…
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