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Recent Posts
- Non-obviousness finding for Relistor® OB-listed formulation patent reversed due to structural and functional similarity to prior art compounds
- Public FDA hearing is a printed publication, Hulu IPR decision does not apply to examination
- IPR claim construction of “effective amount” based on prosecution history and obviousness conclusions affirmed; no abuse of discretion in Board’s denial to amend after modifying institution decision
- Rejected claim construction proposal during IPR was not prosecution history estoppel, FC affirms infringement under DOE; second infringement decision reversed
- FB improperly joined to its existing IPRs under 315(c); various obviousness conclusions affirmed and vacated
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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.
Category Archives: Claim Differentiation
Disclosed algorithm found to provide sufficient support for mean-plus-function claim term
Intelligent Automation Design, LLC v. Zimmer Biomet CMF et al. Docket No. 2019-1100 PROST, WALLACH, HUGHES January 30, 2020 Non-precedential Brief Summary: DC determination of means-plus-function construction affirmed but reversed as to whether sufficient structure was disclosed. Summary: IAD appealed … Continue reading
RealTime Data, LLC, DBA IXO vs. USPTO
Docket No. 2018-1154 (IPR2016-00783) DYK, TARANTO, STOLL January 10, 2019 Brief summary: Board IPR decision finding RT’s patent invalid for obviousness affirmed. Summary: RealTime’s (RT) appealed Board final written decision (FWD) finding the challenged claims of US 6,597,812 relating to … Continue reading
Sanofi-Aventis U.S. LLC/Genzyme et al. v. Immunex Corp.
IPR2017-01879 and -01884 (US 8,679,487 B2) February 15, 2018 Brief summary: Sanofi’s IPR petitions against Immunex’s ‘487 patent directed to anti-IL-4R antibodies instituted on grounds of anticipation and obviousness. Sanofi’s previously denied IPR petition found not to prohibit filing of … Continue reading
Intellectual Ventures I LLC, et al. v. Motorola Mobility LLC et al.
Docket No. 2016-1795 NEWMAN (C/D), DYK, TARANTO September 13, 2017 Brief summary: DC denial of JMOL to Motorola affirmed with respect to invalidity but reversed as to direct infringement under 35 USC § 271(a) (e.g., “the end user must be … Continue reading
Eli Lilly and Company v. Teva Parenteral Medicines, Inc. et al.
Docket No. 2015-2067 REYNA, HUGHES, STOLL January 12, 2017 Brief Summary: DC decision finding of direct infringement by physicians and induced infringement (§ 271(b)) by Teva as well as no obviousness affirmed. Summary: Teva et al. (“Teva”) appealed DC finding … Continue reading
Poly-America, L.P. v. API Industries, Inc.
Docket No. 2016-1200 PROST, REYNA, HUGHES October 14, 2016 Brief Summary: DC claim construction based on “clear and unequivocal statements” in the specification and during prosecution affirmed. Summary: Poly-America appealed DC claim construction of the term “short seal” in US … Continue reading
Wi-LAN USA, Inc. et al. v. Apple Inc.
Docket No. 2015-1256 LOURIE, BRYSON, CHEN August 1, 2016 Brief Summary: DC’s constructions of “specified connection” and “UL connections” as well as its grant of SJ of noninfringement to Apple affirmed. Summary: Wi-LAN appealed DC grant of SJ of noninfringement … Continue reading
