-
Join 706 other subscribers
-
Recent Posts
- IPR obviousness decision vacated and remanded as patent expired and Sumimoto had no “interest in any forward-looking exclusion” or past infringement by unlicensed sales (IPR addresses “patient” vs. population but not discussed here)
- DC grant of motion to dismiss due to 101 ineligibility affirmed (abstract idea, no “improvement in computer technologies”)
- DC obviousness and procedural ANDA-related decisions affirmed
- LNC’s unclean hands defense affirmed; no obviousness or inequitable conduct findings vacated and remanded
- DC grant of SJ based on determination of 271(e)(1) safe harbor affirmed
Recent Comments
Categories
- America Invents Act
- Analgous Art
- Anticipation (35 USC 102)
- Antitrust
- Appeal
- Arbitration
- Article III disputes
- Assignment / Ownership
- Attorney's Fees
- Bankruptcy
- Best mode
- Biosimilars
- Business methods
- Certificate of Correction
- Claim
- Claim Construction
- Claim Differentiation
- Claim Preclusion
- Claim Vitiation
- Collateral estoppel
- comprising
- Conception and Reduction to Practice
- consisting of
- Contributory Infringement
- Copyright
- Covered Business Method Reviews
- Damages
- Derivation of Invention
- Design Patents
- Diligence
- Disclaimers
- Discovery
- Doctrine of equivalents
- Double Patenting
- Enablement
- Equitable estoppel
- Exhaustion and Repair
- Experimental Use
- Expert Testimony
- Extension (156)
- False Marking
- Functional limitations
- Generics / ANDA
- Importation
- Incorporation by Reference
- Indefiniteness
- Inducement to Infringe
- Inequitable Conduct
- Infringement
- Inherency
- Injunction
- Inter Parties Review (IPR)
- Interference
- International Trade Commission
- Intervening Rights
- Inventorship
- IPR
- Issue Preclusion
- Jurisdiction
- Laches
- Licensing
- Lost Profits
- Malpractice
- Markush
- Means-plus-function
- Medical Devices
- Method claims
- Negative Limitations
- Obviousness
- Obviousness (Secondary Considerations)
- Obviousness-Teaching Away
- On-Sale Bar
- Patent Eligibility (101)
- Patent Exhaustion
- Patent Marking
- Patent Prosecution
- Patent Term Adjustment (PTA)
- Patent Term Extension
- Patentability
- Post-grant review
- Preamble
- Priority
- Privilege
- Procedural Issues
- Product-by-Process
- Prosecution History Estoppel
- Public Accessibility
- Public Use
- Ranges
- Reexamination
- Reissue
- Royalties
- Safe Harbor, FDA exemptions (271(e)(1))
- Section 101 (see also Patentability)
- Software
- State Sovereignty
- Summary Judgment
- Terminal Disclaimers
- Trade Dress
- Trade Secret
- Trademarks
- U.S. Supreme Court
- Uncategorized
- Unclean hands
- Unenforceability
- Unjust enrichment
- Utility
- Venue
- Wherein
- Willfullness
- Written description
Archives
- May 2024
- April 2024
- March 2024
- February 2024
- January 2024
- December 2023
- November 2023
- October 2023
- September 2023
- August 2023
- July 2023
- June 2023
- May 2023
- April 2023
- March 2023
- February 2023
- January 2023
- December 2022
- November 2022
- October 2022
- September 2022
- August 2022
- July 2022
- June 2022
- May 2022
- April 2022
- March 2022
- February 2022
- January 2022
- December 2021
- November 2021
- October 2021
- September 2021
- July 2021
- June 2021
- May 2021
- April 2021
- March 2021
- February 2021
- January 2021
- December 2020
- November 2020
- October 2020
- September 2020
- August 2020
- July 2020
- June 2020
- May 2020
- April 2020
- March 2020
- February 2020
- January 2020
- December 2019
- November 2019
- October 2019
- September 2019
- August 2019
- July 2019
- June 2019
- May 2019
- April 2019
- March 2019
- February 2019
- January 2019
- December 2018
- November 2018
- October 2018
- September 2018
- August 2018
- July 2018
- June 2018
- May 2018
- April 2018
- March 2018
- February 2018
- January 2018
- December 2017
- November 2017
- October 2017
- September 2017
- August 2017
- July 2017
- June 2017
- May 2017
- April 2017
- March 2017
- February 2017
- January 2017
- December 2016
- November 2016
- October 2016
- September 2016
- August 2016
- July 2016
- June 2016
- May 2016
- April 2016
- March 2016
- February 2016
- January 2016
- December 2015
- November 2015
- October 2015
- September 2015
- August 2015
- July 2015
- June 2015
- May 2015
- April 2015
- March 2015
- February 2015
- January 2015
- December 2014
- November 2014
- October 2014
- September 2014
- August 2014
- July 2014
- June 2014
- May 2014
- April 2014
- March 2014
- February 2014
- January 2014
- December 2013
- November 2013
- October 2013
- September 2013
- August 2013
- July 2013
- June 2013
- May 2013
- April 2013
- March 2013
- February 2013
- January 2013
- December 2012
- November 2012
- October 2012
- September 2012
- August 2012
- July 2012
- June 2012
- May 2012
- April 2012
- March 2012
- February 2012
- January 2012
- December 2011
- November 2011
- October 2011
- July 2011
- February 2011
- January 2011
Meta
- Anticipation (35 USC 102) Appeal Article III disputes Assignment / Ownership Attorney's Fees Claim Construction Claim Differentiation Damages Doctrine of equivalents Enablement Generics / ANDA Indefiniteness Inducement to Infringe Infringement Inter Parties Review (IPR) Inventorship IPR Means-plus-function Obviousness Obviousness (Secondary Considerations) Obviousness-Teaching Away Patentability Patent Eligibility (101) Prosecution History Estoppel Reexamination Software Trademarks Uncategorized Willfullness Written description
Copyright Notice
© Patrick J. Halloran, Ph.D., J.D. and lifescienceip.wordpress.com, [2011-2017]. Unauthorized use and/or duplication of this material without express and written permission from this site’s author and/or owner is strictly prohibited. Excerpts and links may be used, provided that full and clear credit is given to Patrick J. Halloran, Ph.D., J.D. and lifescienceip.wordpress.com with appropriate and specific direction to the original content.
Monthly Archives: November 2016
Akorn, Inc. v. Senju Pharmaceutical Co., Ltd.
IPR2015-01205 (U.S. Pat. No. 6,114,319) November 22, 2016 Brief Summary: PTAB final decision found all claims of US 6,114,319 relating to Alcon’s ophthalmic emulsion Durezol® unpatentable for obviousness. Summary: This IPR relates to previously reexamined US 6,114,319 encompassing “difluprednate emulsion[s] … Continue reading
Posted in Inter Parties Review (IPR), IPR, Obviousness
Leave a comment
In re: Rearden LLC et al.
Docket No. 2016-125 MOORE, HUGHES, STOLL November 17, 2016 Brief Summary: Writ of mandamus regarding DC denial of evidentiary ruling denied because, e.g., “petitioners have alternative avenues to obtain meaningful review of these arguments after trial”. Summary: Rearden et al. … Continue reading
Posted in Appeal
Leave a comment
Alfred E. Mann Foundation et al. (“AEM”) v. Cochlear Corporation et al.
Docket No. 2015-1580, -1606, -1607 NEWMAN, CHEN, HUGHES November 17, 2016 Brief Summary: DC decision of indefiniteness of certain claims for failure to disclosure an algorithm affirmed; another found supported by “adequate defining structure”. Finding of no willfulness vacated and … Continue reading
Posted in Indefiniteness, Means-plus-function, Software, Willfullness
Leave a comment
Roxane Laboratories, Inc. v. Camber Pharmaceuticals, Inc. et al.
Docket No. 2016-1028 LOURIE, MAYER, O’MALLEY November 17, 2016 Non-precedential Brief Summary: DC claim construction regarding the claimed capsule size and decision to transfer affirmed. Summary: Roxane appealed from a stipulated judgment of noninfringement of its US 8,563,032 relating to … Continue reading
Perfect Surgical Techniques, Inc. v. Olympus America, Inc. et al.
Docket No. 2015-2043 (IPR2014-00233) MOORE, SCHALL, O’MALLEY November 15, 2016 Brief Summary: PTAB IPR decision of no “continuous exercise of reasonable diligence” vacated and remanded as the standard is only “reasonable”, not “continuous”. Claim construction determination also vacated and remanded … Continue reading
In Re: NuVasive, Inc.
Docket No. 2015-1672, -1673 (IPR2013-00507 and -00508) MOORE, WALLACH, TARANTO November 9, 2016 Brief Summary: IPR507 decision cancelling certain claims for obviousness affirmed. IPR508 decision remanded as to claims 16 and 17 because “Medtronic’s [IPR508] petition did not notify NuVasive … Continue reading
Posted in Inter Parties Review (IPR), IPR, Obviousness
Leave a comment
REG Synthetic Fuels, LLC v. Neste Oil Oyj
Docket No. 2015-1773 (IPR2013-00578) PROST, TARANTO, CHEN November 8, 2016 Brief Summary: Board determination that certain claims were anticipated affirmed because “a person of ordinary skill could readily convert Craig’s area percetages to the weight percentages recited in the claims … Continue reading
Amdocs (Israel) Limited v. Openet Telecom, Inc. et al.
Docket No. 2015-1180 NEWMAN, PLAGER, REYNA November 1, 2016 Brief Summary: DC decision of patent ineligibility reversed because, e.g., the claimed “distributed enhancement was a critical advancement over the prior art…an unconventional technological solution…to a technological problem”. Summary: Amdocs appealed … Continue reading
Posted in Patentability
Leave a comment
GE Lighting Solutions, LLC v. Lights of America, Inc. et al.
Docket No. 2015-197-82, 2015-2044 PROST, WALLACH, HUGHES October 27, 2016 Non-precedential Brief Summary: DC decision that “elongated” is indefinite affirmed (“an ordinarily skilled artisan cannot, without additional information, differentiate an ‘elongated’ core from a ‘non-elongated’ core”) but indefiniteness decision regarding … Continue reading
Posted in Indefiniteness
Leave a comment
Federal Circuit summaries 