Monthly Archives: February 2022

DC grant of Plasmacam’s motion to enforce its version of a settlement agreement reversed and remanded

Posted on February 24, 2022 by Patrick J. Halloran, Ph.D., J.D.

Plasmacam, Inc. v. CNCelectronics, LLC et al. Docket No. 2021-1689 (https://cafc.uscourts.gov/opinions-orders/21-1689.OPINION.2-3-2022_1902753.pdf) NEWMAN, DYK, REYNA February 3, 2021 Brief Summary:  DC grant of Plasmacam’s motion to enforce its version of a settlement agreement reversed and remanded. Summary:  CNC appealed DC grant … Continue reading →

Posted in Appeal, Article III disputes, Licensing | Leave a comment

Teva’s ANDA carve-out does not save it from induced infringement (“when the provider of an identical product knows of and markets the same product for intended direct infringing activity, the criteria of induced infringement are met”) (petition for rehearing en banc denied (2/11/22))

Posted on February 24, 2022 by Patrick J. Halloran, Ph.D., J.D.

GlaxoSmithKline LLC, et al. v. Teva Pharmaceuticals USA, Inc. Docket No. 2018-1976, -2023 PROST, NEWMAN, MOORE October 2, 2020 Update (2/11/22):  Petition for rehearing denied.  Judges Moore, Newman, O’Malley, Taranto, Chen and Stoll concurred to address dissents by Judges Prost, … Continue reading →

Posted in Generics / ANDA, Inducement to Infringe | Leave a comment

DC decision finding Adapt’s naloxone formulations obvious affirmed

Posted on February 17, 2022 by Patrick J. Halloran, Ph.D., J.D.

Adapt Pharma, Inc. et al. v. Teva Pharmaceuticals USA, Inc. et al. Docket No. 2020-2106 (https://cafc.uscourts.gov/opinions-orders/20-2106.OPINION.2-10-2022_1906561.pdf) NEWMAN (D), PROST, STOLL February 10, 2021 Brief Summary:  DC decision finding Adapt’s naloxone formulations obvious affirmed. Summary:  Adapt appealed DC final judgment finding … Continue reading →

Posted in Generics / ANDA, Obviousness, Obviousness (Secondary Considerations), Obviousness-Teaching Away | Leave a comment

ITC decision remanded for briefing on structure correlating to means-plus-function limitation

Posted on February 8, 2022 by Patrick J. Halloran, Ph.D., J.D.

Kyocera Senco Ind. Tools, et al. v. International Trade Commission (ITC) Docket No. 2020-1046, -2050 (https://cafc.uscourts.gov/opinions-orders/20-1046.OPINION.1-21-2022_1896055.pdf) MOORE, DYK, CUNNINGHAM January 21, 2021 Brief Summary:  ITC decision vacated and remanded for the parties to brief “what structures correspond to” the means-plus-function … Continue reading →

Posted in Claim Construction, International Trade Commission, Means-plus-function, Written description | Leave a comment