Monthly Archives: June 2013

Levi Strauss & Company v. Abercrombie & Fitch Trading Co.

Posted on June 24, 2013 by Patrick J. Halloran, Ph.D., J.D.

Docket No. 2012-1495, -1496 LOURIE, O’MALLEY, TARANTO June 18, 2013 Brief summary: Neither issue preclusion nor claim preclusion found to barr PTO trademark opposition proceedings because litigation was based on different transactional facts (product-specific litigation). Summary: Levi Strauss appealed PTO … Continue reading →

Posted in Claim Preclusion, Issue Preclusion, Trademarks | Leave a comment

Novo Nordisk A/S et al. v. Caraco Pharmaceutical Laboratories, Ltd. et al.

Posted on June 19, 2013 by Patrick J. Halloran, Ph.D., J.D.

Docket No. 2011-1223 NEWMAN (C/D), DYK, PROST June 18, 2013 Brief summary: Synergistic results could not overcome prior art regarding combination of metformin with drug having “a similar mechanism of action” as repaglinide. Inequitable conduct charges were overcome by “carefully-chosen … Continue reading →

Posted in Generics / ANDA, Inequitable Conduct, Obviousness | Leave a comment

Regents of the University of Minnesota v. AGA Medical Corporation

Posted on June 4, 2013 by Patrick J. Halloran, Ph.D., J.D.

Docket No. 2012-1167 RADER, DYK, WALLACH June 3, 2013 Brief summary: DC claim construction supported by specification and parental application prosecution history. Prosecution history is not controlling where same limitation is not present in later application. Summary: University appealed DC … Continue reading →

Posted in Anticipation (35 USC 102), Claim Construction, Means-plus-function | Leave a comment