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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: On-Sale Bar
Failure to disclose pre-critical date offer for sale was inequitable conduct, DC decision affirmed
GS Cleantech, Cantor Colburn LLP v. Adkins Energy LLC, Big River Resources et al. Docket No. 2016-2231, -1838, 2017-1832 REYNA, WALLACH, HUGHES March 2, 2020 Brief Summary: DC finding of inequitable conduct for failure to disclose pre-critical date offer for … Continue reading →
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 →
