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© Patrick J. Halloran, Ph.D., J.D. and lifescienceip.wordpress.com, [2011-2017]. Unauthorized use and/or duplication of this material without express and written permission from this site’s author and/or owner is strictly prohibited. Excerpts and links may be used, provided that full and clear credit is given to Patrick J. Halloran, Ph.D., J.D. and lifescienceip.wordpress.com with appropriate and specific direction to the original content.
Monthly Archives: May 2013
Dey, L.P., et al. v. Sunovion Pharmaceuticals, Inc.
Docket No. 2012-1428 NEWMAN, BRYSON, O’MALLEY May 20, 2013 Brief summary: Formal confidentiality agreements are not required to prevent invalidation for public use under 35 U.S.C. 102(b) (pre-2011) as long as “there were ‘circumstances creating a similar expectation of secrecy’” … Continue reading
Posted in Anticipation (35 USC 102), Public Use
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Aventis Pharmaceuticals, Inc. et al. v. Amino Chemicals Ltd., et al.
Docket No. 2011-1335, -1336 NEWMAN, BRYSON(d), REYNA May 20, 2013 Brief summary: The term “substantially pure” was determined to have different meanings when used in the context of chemical intermediates and the end product of the claimed process. Summary: This … Continue reading
Posted in Claim Construction, Generics / ANDA
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Motiva, LLC v. International Trade Commission and Nintendo Co., Ltd. et al.
Docket No. 2012-1252 NEWMAN, PROST, O’MALLEY May 13, 2013 Summary: Motiva appealed ITC decision that Nintendo’s importation of its Wii video game system did not violate § 337 of the Tariff Act of 1930 because “a domestic industry does not … Continue reading
Bowman v. Monsanto et al.
U.S. Supreme Court No. 11-796 May 13, 2013 Unanimous opinion delivered by J. Kagan Brief summary: The doctrine of patent exhaustion did not exempt farmer who reproduced patented seeds through planting and harvesting from infringement of Monsanto’s patents. Summary: The … Continue reading
Posted in Patent Exhaustion
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Allergan, Inc. v. Sandoz, Inc. et al.
Docket No. 2011-1619, -1620, -1635, -1639 DYK (d), PROST, O’MALLEY May 1, 2013 Brief summary: Claim to method of treatment found not obvious due to “no loss of efficacy” limitation. Summary: Sandoz appealed DC finding that Allergan’s claims related to … Continue reading
Posted in Claim Construction, Generics / ANDA, Obviousness
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Federal Circuit summaries 