Monthly Archives: September 2013

Sunovion Pharmaceuticals, Inc. v. Teva Pharmaceuticals, Inc. (“Dr. Reddy’s”)

Posted on September 30, 2013 by Patrick J. Halloran, Ph.D., J.D.

Docket No. 2013-1335 LOURIE, SCHALL, REYNA September 26, 2013 Brief summary: DC claim construction determination based on prosecution history affirmed but infringement decision reversed because ANDA falls within scope of disputed patent. Summary: Sunovion appeal DC grant of SJ to … Continue reading →

Posted in Claim Construction, Generics / ANDA, Infringement | Leave a comment

High Point Design LLC et al. v. Buyers Direct, Inc.

Posted on September 26, 2013 by Patrick J. Halloran, Ph.D., J.D.

Docket No. 2012-1455 O’MALLEY, SCHALL, WALLACH September 11, 2013 Brief summary: Grant of SJ that design patent was invalid for obviousness and primarily functional reversed for improper analyses and dismissal of trade dress claims vacated. Summary: Buyer’s Direct, Inc. (BDI) … Continue reading →

Posted in Design Patents | Leave a comment

St. Jude Medical, Inc. et al. v. Access Closure, Inc.

Posted on September 17, 2013 by Patrick J. Halloran, Ph.D., J.D.

Docket No. 2012-1452 LOURIE(C), PLAGER, WALLACH September 11, 2013 Brief summary: DC conclusion of no double-patenting reversed and its obviousness findings affirmed due to “logical chasm” between claimed invention and combination of references. Summary: ACI appealed DC ruling that the … Continue reading →

Posted in Double Patenting, Obviousness | Leave a comment

Pronova Biopharma Norge v. Teva Pharmaceuticals, et al.

Posted on September 13, 2013 by Patrick J. Halloran, Ph.D., J.D.

Docket Nos. 2012-1498, -1499 DYK, O’MALLEY, WALLACH September 12, 2013 Non-precedential Brief summary: Anticipating public use found where doctor was provided patented composition without any confidentiality restriction. Summary: Teva appealed DC final judgment for Pronova that its US 5,656,667 and … Continue reading →

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

University of Utah v. Max-Plank-Gesellschaft et al.

Posted on September 11, 2013 by Patrick J. Halloran, Ph.D., J.D.

Docket No. 2012-1540, -1541, -1661 Moore(D), Reyna, Wallach August 19, 2013 Brief summary: UUtah successfully argued that its inventorship suit against UMass officials was not a dispute falling within the exclusive jurisdiction of the Supreme Court. Summary: The University of … Continue reading →

Posted in Assignment / Ownership, Inventorship | Leave a comment

Bayer Cropscience AG v. Dow Agrosciences LLC

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

Docket No. 2013-1002 PROST, BRYSON, TARANTO (Circuit Judge) September 3, 2013 Brief summary: Bayer’s functional language was held to limit claims. Summary: Bayer appealed DC finding of no infringement of its US Patent No. 6,153,401 relating to herbicide-resistant plants. The … Continue reading →

Posted in Claim Construction, Functional limitations, Written description | Leave a comment

Monolithic Power Systems, Inc. et al. v. O2 Micro International Limited

Posted on September 2, 2013 by Patrick J. Halloran, Ph.D., J.D.

Docket No. 2012-1221 PROST, MAYER, REYNA August 13, 2013 Summary: O2 appealed from DC decision finding the case exceptional under 35 USC § 285 and awarding attorney fees and costs to Monolithic (MPS). The two parties have been in litigation … Continue reading →

Posted in Attorney's Fees | Leave a comment