Monthly Archives: December 2011

Warner Chilcott Laboratories Ireland Limited, et al. v. Mylan Pharmaceuticals Inc. et al.

Posted on December 19, 2011 by Patrick J. Halloran, Ph.D., J.D.

Docket No. 2011-1611 RADER, DYK, O’MALLEY December 12, 2011 Non-precedential Brief Summary: The Federal Circuit vacated the DC decision because it failed to hold an evidentiary hearing and did not weight the evidence or make any findings regarding Mylan’s invalidity … Continue reading →

Posted in Injunction, Uncategorized | Leave a comment

In re Construction Equipment Company

Posted on December 9, 2011 by Patrick J. Halloran, Ph.D., J.D.

Docket No. 2010-1507 NEWMAN (D), PROST, O’MALLEY December 8, 2011 Brief summary: Regarding obviousness, the FC agreed with the Examiner (and the BPAI) that the “alleged invention consists entirely of combining known elements into a machine that, while possibly new, … Continue reading →

Posted in Collateral estoppel, Obviousness | Leave a comment

Teva Pharmaceutical Industries, Inc. v. AstraZeneca Pharmaceuticals LP, et al.

Posted on December 7, 2011 by Patrick J. Halloran, Ph.D., J.D.

Docket No. 2011-1091 RADER, LINN, DYK December 1, 2011 Brief summary: The FC affirmed DC grant of SJ that Teva’s claims were invalid under 102(g)(2) because of AZ’s prior invention of CRESTOR®. In its opinion, the panel explained that “[t]o … Continue reading →

Posted in Anticipation (35 USC 102) | Leave a comment