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Recent Posts
- DC grant of SJ affirmed since covenant not to sue and exclusive license directed to different subject matter and not covered by merger clause
- Genentech’s antibody purification claims correctly found anticipated or obviousness in IPR, Fed. Cir. decides
- “[R]esult that was inherent in the prior art” cannot overcome obviousness based on inherency
- Fed. Cir. reverses DC and finds Amneal’s Sensipar®-related product infringes Amgen ‘405 patent
- IPR invalidity decision vacated and remanded due to erroneous claim construction
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© 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: December 2019
Secondary consideration presumption of a nexus only where the product “is the invention disclosed and claimed”
Fox Factory Inc. v. SRAM LLC Docket Nos. 2018-2024, -2025 (IPR2017-00118, -00472) PROST, WALLACH, HUGHES December 18, 2019 Brief Summary: Board IPR decision of no obviousness vacated and remanded for reevaluation of secondary consideration evidence with respect to the required … Continue reading
§ 271(g) held not to be limited by single-entity requirement; label-related copyright claims remanded
Syngenta Crop Protection, LLC v. Willowood, LLC et al. Docket Nos. 2018-1614, -2044 REYNA, TARANTO, STOLL December 18, 2019 Brief Summary: DC dismissal of copyright claims relating to Syngenta’s label remanded as premature. DC erred by imposing single-entity requirement on … Continue reading
Posted in Copyright, Importation, Infringement, Uncategorized
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USPTO’s “Informative” denial of IPR institution finds Petitioner did not “explain[] sufficiently why” combination would have been made with a reasonable expectation of success
Johns Manville Corp. et al. (Petitioner) v. Knauf Insulation et al. (Patent Owner) IPR2018-00827 (US 9,828,287 B2) Final Written Decision entered October 16, 2018 Designated as Informative by the USPTO on December 11, 2019 Brief Summary: Informative FWD concluded Petitioner … Continue reading
DC decision of infringement and no Safe Harbor (§ 271(e)(1)) for Hospira’s EPO affirmed
Amgen Inc. et al. v. Hospira, Inc. Docket Nos. 2019-1067, -1102 MOORE, BRYSON, CHEN December 16, 2019 Brief Summary: DC denial of JMOL and new trial after jury findings of infringement, no anticipation and no Safe Harbor for certain batches … Continue reading
ITC decision reversed as Chamberlain disavowed openers lacking infrared detectors
Techtronic Industries Co. Ltd. et al. v. Int. Trade Comm., The Chamberlain Group, Inc. Docket Nos. 2018-2191 LOURIE, DYK, WALLACH December 12, 2019 Brief Summary: ITC claim construction and final determination of infringement reversed and vacated. Summary: Techtronic et al. … Continue reading
DC grant of SJ of no literal or DOE infringement affirmed
Plastic Omnium Advanced Innovation and Research v. Donghee America, Inc. et al. Docket Nos. 2018-2087 NEWMAN, CLEVENGER, REYNA December 3, 2019 Brief Summary: DC grant of SJ of no literal infringement or under the DOE affirmed based on DC claim … Continue reading
Appeal of IPR decision dismissed as litigation settled and “substantial risk of future infringement” not shown
Fisher & Paykel Healthcare Ltd. v. ResMed Ltd. Docket Nos. 2018-2262 (IPR2017-00504) November 27, 2019 Non-Precedential Order Brief Summary: ResMed’s motion to dismiss appeal of IPR decision after underlying litigation was settled granted because Fisher did “not provide[] any, let … Continue reading
Posted in Appeal, Inter Parties Review (IPR), IPR, Uncategorized
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