Monthly Archives: March 2019

Endo Pharmaceuticals Inc. v. Teva Pharm. et al. and Actavis et al.

Posted on March 29, 2019 by Patrick J. Halloran, Ph.D., J.D.

Docket No. 2017-1240, -1455, -1887 WALLACH, CLEVENGER, STOLL March 28, 2019 Brief summary: DC dismissal under Rule 12(b)(6) for ineligibility under § 101 reversed since “the claims are directed to a patent-eligible method of using oxymorphone…to treat pain in a … Continue reading →

Posted in Patentability | Leave a comment

SRI Int., Inc. v. Cisco Systems, Inc.

Posted on March 25, 2019 by Patrick J. Halloran, Ph.D., J.D.

Docket No. 2017-2223 LOURIE (D), O’MALLEY, STOLL March 20, 2019 Brief summary: DC finding of patent eligibility under § 101 affirmed; award of attorney fees vacated and remanded “solely for recalculation”. Summary: Cisco appealed DC denial of its motion for … Continue reading →

Posted in Damages, Patentability, Royalties, Willfullness | Leave a comment

Merck Sharpe & Dohme Corp. v. Pfizer Inc.

Posted on March 21, 2019 by Patrick J. Halloran, Ph.D., J.D.

IPR2017-02131 U.S. Pat. No. 9,492,559 B2 March 13, 2019 Brief summary: Board FWD found that the challenged claims relating to Pfizer’s Prevnar(TM) 13 vaccine were shown by a preponderance of the evidence to be unpatentable for obviousness. Summary: The Board … Continue reading →

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

Natural Alternatives Int., Inc. v. Creative Compounds, LLC

Posted on March 19, 2019 by Patrick J. Halloran, Ph.D., J.D.

Docket No. 2018-1295 MOORE, REYNA (C/D), WALLACH March 15, 2019 Brief summary: DC finding that NA’s claims related to dietary supplements are not patent eligible under § 101 reversed and remanded. Summary: Natural Alternatives (NA) appealed DC grant of Creative … Continue reading →

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In Re: Qapsule Technologies, Inc.

Posted on March 12, 2019 by Patrick J. Halloran, Ph.D., J.D.

Docket No. 2018-1772 NEWMAN, CHEN, STOLL March 11, 2019 Non-precedential Brief summary: Board decision of anticipation based on inherent disclosure affirmed. Summary: Qapsule appealed PTAB (“Board”) decision finding certain claims of its application directed to a synthetic pharmaceutical capsule anticipated … Continue reading →

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

Personal Web Technologies, LLC v. Apple, Inc.

Posted on March 11, 2019 by Patrick J. Halloran, Ph.D., J.D.

Docket No. 2018-1599 (IPR2013-00596) MOORE, TARANTO, CHEN March 8, 2019 Brief summary: Board’s IPR decision that PersonalWeb’s claims were unpatentable for obviousness reversed because “the Board’s reliance on inherency…was improper” and “Apple provided no other basis for” the disputed claim … Continue reading →

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

Brigham & Women’s Hospital, et al. v. Perrigo Company et al.

Posted on March 1, 2019 by Patrick J. Halloran, Ph.D., J.D.

Docket No. 2017-1950, -2021, -2555, 2018-1243 LOURIE, O’MALLEY, STOLL February 28, 2019 Non-precedential Brief summary: DC grant of JMOL of noninfringement affirmed. Summary: Perrigo appealed DC denial of judgment as a matter of law (JMOL) that Brigham’s (Johnson & Johnson … Continue reading →

Posted in Generics / ANDA, Infringement | Leave a comment