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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: Prosecution History Estoppel
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
Genentech, Inc. v. Andrei Iancu (USPTO) Docket No. 2019-1263, -1265, -1267, -1270 IPRs 2017-00731, -01121, -02063, -00737, -01122, -01960 LOURIE, MOORE, WALLACH March 26, 2020 Non-Precedential Brief Summary: Board’s claim construction (e.g., “effective amount”), obviousness conclusion and denial of amendment … Continue reading
Rejected claim construction proposal during IPR was not prosecution history estoppel, FC affirms infringement under DOE; second infringement decision reversed
Galderma Labs., Nestle Skin Health S.A. et al. v. Amneal Pharm. LLC et al. Docket No. 2019-1021 LOURIE, MOORE, STOLL March 25, 2020 Non-Precedential Brief Summary: DC finding of infringement of certain claims affirmed as statements made in related IPR … Continue reading
Infringement of analyte measurement device claims under DOE barred by prosecution history estoppel
Pharma Tech Solutions, Inc. et al. v. LifeScan, Inc. (Johnson and Johnson) Docket Nos. 2019-1163 MOORE, REYNA, STOLL November 22, 2019 Brief Summary: DC grant of SJ of no infringement under DOE affirmed due to prosecution history estoppel. Summary: Pharma … Continue reading
ITC finding of no indefiniteness or invalidity for anticipation or obviousness affirmed
Guangdong Alison Hi-Tech Co. v. Int. Trade Comm. (ITC), Aspen Aerogels, Inc. Docket No. 2018-2042 DYK, CHEN, STOLL August 27, 2019 Brief Summary: ITC finding of no indefiniteness or invalidity for anticipation or obviousness affirmed. Summary: Guangdong Alison Hi-Tech Co. … Continue reading
Lilly’s Orange Book ‘209 patent regarding administration of pemetrexed not literally infringed, but infringed under DOE
Eli Lilly and Company v. Hospira, Inc., Dr. Reddy’s Laboratories Docket No. 2018-2126, -2127, -2128 LOURIE, MOORE, TARANTO August 9, 2019 Brief Summary: DC literal infringement decision reversed, but infringement under DOE affirmed. Summary: Hospira and Dr. Reddy’s (DRL) appealed … Continue reading
ITC claim construction, written description, and finding of infringement by imported E. coli strains affirmed by Federal Circuit
Ajinomoto Co. et al. v. Int. Trade Commission (ITC) et al. Docket No. 2018-1590, -1629 (ITC No. 337-TA-1005) DYK (C/D), MOORE, TARANTO August 6, 2019 Brief Summary: ITC claim construction, written description, and finding that certain E. coli strains imported … Continue reading
