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Category Archives: Double Patenting
DC decision of infringement and no invalidity of Pharmacyclic’s BTK inhibitor-related patents affirmed
Pharmacyclics LLC, Jannsen Biotech, Inc. v. Alvogen, Inc., Natco Pharma Limited Docket No. 2021-2270 (https://cafc.uscourts.gov/opinions-orders/21-2270.OPINION.11-15-2022_2033497.pdf) (Non-Precedential) CHEN, BRYSON, HUGHES November 15, 2022 Brief Summary: DC decisions that Pharmacyclic’s patents were infringed and not invalid for lack of written description, … Continue reading
FC panel affirms DC decision that Torrent did not show obviousness of Takeda’s algoliptin claims
Takeda Pharm. Co. et al. v. Torrent Pharm. Ltd., et al. Docket No. 2020-1552, -1598 (http://www.cafc.uscourts.gov/sites/default/files/opinions-orders/20-1552.OPINION.2-16-2021_1733600.pdf) (Non-Precedential) DYK, MAYER, CHEN February 16, 2021 Brief Summary: DC holding that Torrent did not show Takeda’s claims related to algoliptin obvious affirmed. Summary: … Continue reading
Posted in Double Patenting, Generics / ANDA, Obviousness
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DC decision of no invalidity including no common ownership regarding double-patenting affirmed
Immunex Corporation, Amgen Manuf., Ltd., Hoffman La-Roche Inc. v. Sandoz Inc., et al. Docket No. 2020-1037 O’MALLEY, REYNA (D), CHEN July 1, 2020 Update (May 17, 2021): SCOTUS denied Sandoz’s petition for writ of certiorari. Brief Summary: DC finding of … Continue reading
Method of treatment claims eligible under 101 (DC reversed); DC obviousness findings affirmed
Boehringer Ingelheim Pharm. et al. v. Mylan Pharmaceuticals Inc. Docket No. 2019-1172 DYK, MOORE, HUGHES March 16, 2020 Non-precedential Brief Summary: DC decision of ineligibility under 101 for method of treatment claims reversed; invalidity for double-patenting and obviousness affirmed. Summary: … Continue reading
Posted in Double Patenting, Obviousness, Patentability, Uncategorized
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Novartis Pharm. Corp. et al. v. Ezra Ventures LLC
Docket Nos. 2017-2284 MOORE, CHEN, HUGHES December 7, 2018 Brief summary: FC panel agreed with DC that § 156 PTE was proper even if it might otherwise be invalid for obviousness-type double patenting. Summary: Ezra appealed DC conclusion that the … Continue reading
Posted in Double Patenting
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Novartis Pharm. Corp. et al. v. Breckenridge Pharm. Inc.
Docket Nos. 2017-2173, -2175-6, -2178-80, -2182-84 PROST, WALLACH, CHEN December 7, 2018 Brief summary: DC decision finding that Novartis’s “earlier-filed, but later expiring, patents’s statutorily-granted 17-year term” was invalid for double-patenting in view of its “later-filed, but earlier-expiring patent” reversed … Continue reading
Posted in Double Patenting
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UCB, Inc. et al. v Accord Healthcare et al.
Docket No. 2017-1909, -1910 REYNA, CLEVENGER, WALLACH May 21, 2018 Brief summary: DC decision of no invalidity of UCB’s OB claims covering the anti-epileptic Vimpat® affirmed. Summary: Accord appealed DC decision that UCB’s RE38,551 covering the anti-epileptic functionalized amino acid … Continue reading
In Re: Janssen Biotech, Inc., New York Univ.
Docket No. 2017-1257 PROST, REYNA, WALLACH January 23, 2018 Brief summary: The FC panel affirmed the Board obviousness-type double patenting decision since “a patent owner can[not] retroactively bring the challenged patent within the scope of the § 121 safe harbor … Continue reading
Posted in Double Patenting, Reexamination, Reissue
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In Re Hitachi Metals, Ltd.
Docket No. 2014-1689 PROST, PLAGER, WALLACH March 17, 2015 Non-precedential Brief Summary: Board decision that later-filed patent was invalid for double-patenting affirmed since “consisting essentially of” language (i.e., “can include those additional elements which do not materially affect the basic … Continue reading
Posted in Claim Construction, Double Patenting, Obviousness
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Abbvie Inc. et al. v. The Mathilda and Terence Kennedy Inst. of Rheumatology Trust (“Kennedy”)
Docket No. 2013-1545 DYK, WALLACH, CHEN August 21, 2014 Brief Summary: Post-URAA patents susceptible to obviousness-type double patenting challenge where there is overlapping subject matter and, for instance, extended term due to PTO delays and/or applicant’s choice of different priority … Continue reading
Posted in Double Patenting, Obviousness
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