Author Archives: Patrick J. Halloran, Ph.D., J.D.

Jazz Pharmaceuticals, Inc. v. Amneal Pharmaceuticals, LLC

Docket No. 2017-1671 (several others) (IPR2015-00545-48, -00551, -00554, -01903) NEWMAN, LOURIE, REYNA July 13, 2018 Brief summary: Board obviousness decision in several final written decisions affirmed (“no reason to exercise any discretion to remand the non-instituted claims or grounds sua … Continue reading

Posted in Anticipation (35 USC 102), Claim Construction, Inter Parties Review (IPR), IPR, Obviousness | Leave a comment

Helsinn Healthcare S.A. v. Teva Pharmaceuticals USA, Inc. et al.

SCOTUS Docket No. 17-1229 FC Docket No. 2016-1284, -1787 DYK, MAYER, O’MALLEY May 1, 2017 Brief Summary: In its May decision, an FC panel reversed the DC and found the asserted claims invalid under the § 102(b) on-sale bar, the … Continue reading

Posted in On-Sale Bar | Leave a comment

Texas Advanced Optoelectronic Solutions, Inc. v. Intersil Corporation et al.

Docket No. 2017-2388 DYK, O’MALLEY, HUGHES July 6, 2018 Brief summary: DC decision regarding trade secret misappropriation and damages, and patent infringement, affirmed-in-part, reversed-in-part, and remanded. Summary: This opinion is a modified opinion of that originally-issued on May 1, 2018. … Continue reading

Posted in Damages, Infringement, Injunction, Trade Secret | Leave a comment

Spineology, Inc. v. Wright Medical Technology, Inc.

Docket No. 2017-2388 DYK, O’MALLEY, HUGHES July 6, 2018 Non-precedential Brief summary: DC claim construction and grant of SJ for non-infringement affirmed. Summary: Spineology appealed DC finding that claims 15, 21-23 and 35 of RE42,757 relating to surgical tools (“[a]n … Continue reading

Posted in Claim Construction, Reissue | Leave a comment

Power Integrations, Inc. v. Fairchild Semiconductor Int., et al.

Docket No. 2016-2691, 2017-1875 DYK, CLEVENGER, CHEN July 3, 2018 Brief summary: DC claim constructions affirmed (e.g., no prosecution history estoppel) but damages determination based on the “entire market value rule” vacated and remanded since, e.g., PI “did not meet … Continue reading

Posted in Claim Construction, Damages, Doctrine of equivalents, Infringement, Prosecution History Estoppel, Royalties | Leave a comment

Adidas AG v. Nike, Inc.

Docket No. 2018-1180, -1181 (IPR2016-00921, -00922) MOORE, WALLACH TARANTO July 2, 2018 Brief summary: FC granted the motion to remand the Board’s decision with instructions to “properly issue a final written decision as to all grounds raised in Adidas’s petitions” … Continue reading

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

Impax Laboratories Inc., AstraZeneca AB et al. V. Lannett Holdings Inc. et al.

Docket No. 2017-2020 LOURIE, DYK, TARANTO June 28, 2018 Brief summary: DC finding that Impax’s (AZ’s) patents encompassing the migraine drug Zomig® were not invalid for obviousness affirmed (agreeing with the DC “that this case was close”). Summary: Lannex appealed … Continue reading

Posted in Generics / ANDA, Obviousness, Obviousness-Teaching Away | Leave a comment