Monthly Archives: August 2014

Ferring B.V. v. Watson Labs. and Apotex, Inc. et al.

Docket No. 2014-1416 LOURIE, DYK, REYNA August 22, 2014 Brief Summary: DC decision that Ferring’s claims were not obvious affirmed because “critical dissolution limitations” not taught or suggested by prior art. And infringement by “final, coated commercial…tablets” was not shown. … Continue reading

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Ferring B.V. v. Watson Labs. and Apotex, Inc. et al.

Docket No. 2014-1377 LOURIE, DYK, REYNA August 22, 2014 Brief Summary: DC conclusion of no infringement of amended ANDA after finding of infringement by original ANDA proper under Glaxo (FC 1997) (patent-holder must prove ANDA application “would likely sell an … Continue reading

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Ferring B.V. v. Watson Labs. and Apotex, Inc. et al.

Docket No. 2014-1377 LOURIE, DYK, REYNA August 22, 2014 Brief Summary: DC conclusion of no infringement of amended ANDA after finding of infringement by original ANDA proper under Glaxo (FC 1997) (patent-holder must prove ANDA application “would likely sell an … Continue reading

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Mformation Technologies, Inc. et al. (“MT”) and Research In Motion Limited et al. (“Blackberry”)

Docket No. 2012-1679, 2013-1123 PROST, SCHALL, HUGHES August 22, 2014 Brief Summary: Post-verdict DC grant of JMOL did not change claim construction but “at most clarified its previous instruction that was already present in the jury instructions.” Steps of method … Continue reading

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Abbvie Inc. et al. v. The Mathilda and Terence Kennedy Inst. of Rheumatology Trust (“Kennedy”)

Docket No. 2013-1545 DYK, WALLACH, CHEN August 21, 2014 Brief Summary: Post-URAA patents susceptible to obviousness-type double patenting challenge where there is overlapping subject matter and, for instance, extended term due to PTO delays and/or applicant’s choice of different priority … Continue reading

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Tyco Healthcare Group LP et al. v. Mutual Pharmaceutical Company, Inc. et al.

Docket No. 2013-1386 NEWMAN (D), BRYSON, MOORE August 6, 2014 Brief Summary: In decision relating to ANDA for marketing generic temazepam (marketed by Tyco for insomnia as Restoril), grants of SJ that “Tyco’s assertion of the validity of its patents … Continue reading

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ScriptPro, LLC et al. v. Innovation Associates, Inc.

Docket No. 2013-1561 TARANTO, BRYSON, HUGHES August 6, 2014 Brief Summary: DC grant of SJ of invalidity for lack of written description reversed because specification’s use of “broadly includes” (specification) or “broadly comprises” (Abstract) indicated the inclusion of “sensors” was … Continue reading

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