Monthly Archives: August 2020

DC denial of Takeda’s permanent injunction affirmed based on License Agreement definitions

Posted on August 31, 2020 by Patrick J. Halloran, Ph.D., J.D.

Takeda Pharm. U.S.A., Inc. v. Mylan Pharm. Inc. Docket No. 2020-1407, -1417 PROST, NEWMAN (D), HUGHES July 31, 2020 Brief Summary: DC decisions denying Takeda a permanent injunction affirmed due to Final Court Decision regarding Licensed Patents as defined in … Continue reading →

Posted in Generics / ANDA, Licensing | Leave a comment

IPR obviousness decision vacated and remanded for insufficient explanation

Posted on August 19, 2020 by Patrick J. Halloran, Ph.D., J.D.

Alacritech, Inc. v. Intel Corp., et al. Docket No. 2019-1467, -1468 (IPR2017-01409-10, -01736-7, IPR2018-00338-9) MOORE, CHEN, STOLL July 31, 2020 Brief Summary: IPR obviousness decision vacated and remanded as Board’s explanation did not “articulate a satisfactory explanation for its action”. … Continue reading →

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

DC infringement decision affirmed for one patent, preambles found limiting as to two others, money damages affirmed, injunction for two of four accused products vacated

Posted on August 18, 2020 by Patrick J. Halloran, Ph.D., J.D.

Bio-Rad Labs., Inc., The Univ. of Chicago v. 10X Genomics Inc. Docket No. 2019-2255, -2285 NEWMAN, O’MALLEY, TARANTO August 3, 2020 Brief Summary: DC decision of infringement of ‘083 patent under DOE affirmed; preamble found to limit ‘407 and ‘193 … Continue reading →

Posted in Claim Vitiation, Damages, Doctrine of equivalents, Infringement, Willfullness | Leave a comment

Revised FC opinion maintains invalidity of one independent claim as claiming a natural law and nothing more but vacates and remands DC invalidity decision regarding second independent claim as including “positioning” limitation”

Posted on August 13, 2020 by Patrick J. Halloran, Ph.D., J.D.

American Axle & Manufacturing, Inc. v. Neapco Holdings LLC, et al. Docket No. 2018-1763 NEWMAN, TARANTO, STOLL October 3, 2019 (revised July 30, 2020) Update (July 30, 2020): Original FC opinion affirmed the DC decision that AA’s claims are ineligible … Continue reading →

Posted in Patent Eligibility (101), Patentability | Leave a comment

DC patent ineligibility holding for Illumina’s fetal DNA-related claims again reversed

Posted on August 5, 2020 by Patrick J. Halloran, Ph.D., J.D.

Illumina, Inc., Sequenom, Inc. v. Ariosa Diagnostics, Inc. et al. Docket No. 2019-1419 LOURIE, MOORE, REYNA March 17, 2020 Update (August 3, 2020): In a revision of its March 17, 2020 opinion reversing the DC’s 101 ineligibility decision, the FC … Continue reading →

Posted in Patent Eligibility (101), Patentability | Leave a comment

DC decision invalidating claims for indefiniteness of the term “half-liquid” affirmed

Posted on August 4, 2020 by Patrick J. Halloran, Ph.D., J.D.

IBSA Institut Biochimique, S.A. et al. v. Teva Pharmaceuticals USA, Inc. Docket No. 2019-2400 PROST, REYNA, HUGHES July 31, 2020 Brief Summary: DC finding of invalidity for indefiniteness of the term “half-liquid” affirmed. Summary: IBSA appealed DC decision finding claims … Continue reading →

Posted in Indefiniteness | Leave a comment