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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: On-Sale Bar
Federal Circuit reverses DC grant of SJ based on § 102(b) on-sale bar defense (e.g., inventor declarations not “sham affidavits”)
Quest Integrity USA, LLC v. Cokebusters USA Inc. Docket No. 2017-2423 DYK, TARANTO, HUGHES May 21, 2019 Brief summary: DC grant of SJ based on § 102(b) on-sale bar defense (e.g., inventor declarations not “sham affidavits”) reversed. Summary: Quest appealed … Continue reading →
Helsinn Healthcare S.A. v. Teva Pharmaceuticals USA, Inc. et al.
Docket No. 2016-1284, -1787 DYK, MAYER, O’MALLEY May 1, 2017 (FC panel); June 25, 2018 (SCOTUS); Jan. 24, 2019 (SCOTUS) Update 2 (Jan. 24, 2019): Update 2 (Jan. 24, 2019): SCOTUS affirmed the FC panel decision, holding that “a commercial … Continue reading →
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 →
The Medicines Company v. Hospira, Inc.
Docket No. 2014-1469, -1504 DYK, WALLACH, HUGHES February 6, 2018 Brief summary: DC’s decision that distribution agreement was not an offer for sale reversed as the agreement “make[s] clear that [MedCo] and ICS entered into an agreement to sell and … Continue reading →
Helsinn Healthcare S.A. v. Teva Pharmaceuticals USA, Inc. et al.
Docket No. 2016-1284, -1787 DYK, MAYER, O’MALLEY May 1, 2017 Brief Summary: FC panel reversed DC and found the asserted claims invalid under the § 102(b) on-sale bar. The FC panel concluded that the AIA did not change the meaning … Continue reading →
The Medicines Company (“MedCo”) v. Hospira, Inc.
Docket No. 2014-1469, -1504 En banc opinion July 11, 2016 Brief Summary: En banc opinion concluded “a product produced pursuant to the claims of a product-by-process patent is ‘on sale’ under 35 U.S.C. § 102(b)…must be the subject of a … Continue reading →
Merck & CIE et al. v. Watson Laboratories, Inc.
Docket No. 2015-2063, -2064 DYK, MAYER, HUGHES May 13, 2016 Brief Summary: DC decision that there was no § 102(b) on-sale bar reversed due to fax including “all the required elements to qualify as a commercial offer for sale” (“essential … Continue reading →
