Monthly Archives: January 2016

Pfizer, Inc. et al. v. Michelle K. Lee (USPTO)

Posted on January 27, 2016 by Patrick J. Halloran, Ph.D., J.D.

Docket Nos. 2015-1265 NEWMAN(D), DYK, O’MALLEY January 22, 2016 Brief Summary: PTO calculation of PTA to include only time between initial action deadline and first erroneous restriction requirement and not the corrected RR found to be correct. Summary: Pfizer appealed … Continue reading →

Posted in Patent Term Extension | Leave a comment

Mortgage Grader, Inc. v. First Choice Loan Services Inc., NYLX, Inc.

Posted on January 26, 2016 by Patrick J. Halloran, Ph.D., J.D.

Docket Nos. 2015-1415 O’MALLEY, TARANTO, STARK (Chief District Judge) January 20, 2016 Brief Summary: DC found not to abuse its discretion in denying Mortgage Grader’s motion to strike Appellee’s § 101 defense, or to have erred in its grant of … Continue reading →

Posted in Patentability | Leave a comment

Amgen, Inc. v. Abbvie Biotechnology Ltd.

Posted on January 25, 2016 by Patrick J. Halloran, Ph.D., J.D.

Case Nos. IPR2015-01514 and IPR2015-01517 U.S. Pat. Nos. 8,916,157 B2 and 8,916,158 B2 January 14, 2016 Brief Summary: Amgen’s petitions against Abbvie’s ‘157 and ‘158 patents covering stable liquid formulations of anti-TNF antibodies (e.g., HUMIRA) as obvious denied (e.g., “impermissible … Continue reading →

Posted in Inter Parties Review (IPR), IPR, Obviousness | Leave a comment

Ethicon Endo-Surgery, Inc. v. Covidien LP

Posted on January 18, 2016 by Patrick J. Halloran, Ph.D., J.D.

Docket Nos. 2014-1771 (IPR2013-00209) NEWMAN(D), DYK, TARANTO January 13, 2016 Update (6/22/16):  Petition for rehearing en banc denied (Judge Newman dissented arguing different panels should institute and decide on the merits). Brief Summary: FC concluded same Board panel may both … Continue reading →

Posted in America Invents Act, Inter Parties Review (IPR), IPR, Obviousness | Leave a comment

Pfizer Inc. et al. v. Mylan Pharmaceuticals Inc.

Posted on January 14, 2016 by Patrick J. Halloran, Ph.D., J.D.

Docket Nos. 2015-1131 DYK, WALLACH, HUGHES January 13, 2016 Non-precedential Brief Summary: FC panel affirmed DC decision finding Pfizer’s US 6,573,293 and 7,125,905 not to be invalid in view of Mylan’s cited prior art and Pfizer’s showing of secondary considerations. … Continue reading →

Posted in Generics / ANDA, Obviousness | Leave a comment

Wi-LAN, Inc. v. Apple Inc.

Posted on January 13, 2016 by Patrick J. Halloran, Ph.D., J.D.

Docket Nos. 2014-1437, 2014-1485 LOURIE, WALLACH, HUGHES January 8, 2016 Brief Summary: DC decision of no infringement because Apple’s products did not mean “ordering requirement” of the claims affirmed. Grant of JMOL of no invalidity reversed because DC added a … Continue reading →

Posted in Claim Construction, Doctrine of equivalents, Infringement | Leave a comment

Redline Detection, LLC v. Star Envirotech, Inc.

Posted on January 6, 2016 by Patrick J. Halloran, Ph.D., J.D.

Docket Nos. 2015-1047 (IPR2013-00106) LOURIE, WALLACH, HUGHES December 31, 2015 (revised Jan. 20, 2016) Brief Summary: Board IPR decision denying Redline’s request to submit supplemental information (expert declaration regarding obviousness) affirmed because 37 CFR § 42.123(a) does not prohibit the … Continue reading →

Posted in Inter Parties Review (IPR), IPR, Obviousness | Leave a comment