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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.
Category Archives: Claim Differentiation
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
Indacon, Inc. v. Facebook, Inc.
Docket No. 2015-1129 NEWMAN, REYNA, STOLL June 6, 2016 Brief Summary: DC claim constructions based on specification and prosecution history found not to be erroneous and the judgment of noninfringement affirmed. Summary: Indacon appealed DC construction of the terms “alias” … Continue reading
