Monthly Archives: April 2014

Hoffman-La Roche Inc. and Genentech, Inc. v. Apotex Inc. et al.

Docket No. 2013-1128 NEWMAN (D), LOURIE, BRYSON April 11, 2014 Brief Summary: DC decision of invalidity for obviousness affirmed because prior art rendered claims “[a]t the very least…obvious to try.” Judge Newman’s dissent argued decision is wrong because, in part, … Continue reading

Posted in Generics / ANDA, Obviousness | Leave a comment

In Re Teles AG et al.

Docket No. 2012-1297 DYK, MOORE, WALLACH April 4, 2014 Brief Summary: Transfer under 35 USC § 145 (2006) is only available to patent applicants, not patent owners, in view of 1999 amendments to the Patent Act. “[U]nrecited functional limitations” may … Continue reading

Posted in Claim Construction, Obviousness, Reexamination | Leave a comment

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

Docket No. 2011-1611 RADER, DYK, O’MALLEY December 12, 2011 Non-precedential Brief Summary: The Federal Circuit vacated the DC decision because it failed to hold an evidentiary hearing and did not weight the evidence or make any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

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MRC Innovations, Inc. v. Hunter Mfg., LLP

Docket No. 2013-1433 RADER, PROST, CHEN April 2, 2014 Brief Summary: DC decisions of invalidity for obviousness of design patents encompassing football and baseball jerseys for dogs affirmed in view of appropriate primary and secondary references. Summary: MRC appealed DC … Continue reading

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Senju Pharmaceutical Co., Ltd. Et al. v. Apotex Inc. and Apotex Corp.

Docket No. 2013-1027 NEWMAN, PLAGER, O’MALLEY(D) March 31, 2014 Brief Summary: DC decision granting Apotex’s motion to dismiss a second suit based on Senju’s reexamined patent (following a decision in a first suit based on the original patent) for claim … Continue reading

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Endo Pharmaceuticals Inc. v. Actavis, Inc. and Actavis South Atlantic, LLC

Docket No. 2013-1658 NEWMAN, DYK (dissent in part), MOORE March 31, 2014 Brief Summary: DC denial of preliminary injunction vacated as Appellees had no express or implied license as the disputed patents were not continuations of the license patents. Summary: … Continue reading

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