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Archive for the ‘Patent’ Category

Supreme Court Expands Generic Drug Manufacturers’  Right to Challenge Scope of Patents By Elettra Bietti – Edited by Lauren Henry Caraco Pharmaceutical Laboratories, Ltd. v Novo Nordisk A/S, No. 10–844 (U.S. April 17, 2012) Slip opinion The Supreme Court reversed the Federal Circuit Court of Appeals’ ruling that denied a generic manufacturer the right to compel a brand manufacturer to correct misstatements regarding uses covered by a patent when those corrections would have allowed the generic manufacturer to market their ... Read More...
Posted On Apr - 23 - 2012 Comments Off READ FULL POST
By Brittany Horth Oracle v. Google Trial Begins The Oracle v. Google trial began on Monday, April 16, 2012 in the Northern District Court of California in San Francisco by swearing in twelve jurors for what is expected to be eight weeks of testimony, reports Ars Technica. According to an overview by All Things D, Oracle alleges that Google’s Android mobile operating system violates both copyright and patents on Java, which Oracle acquired from SunMicrosystems in 2010. The New York ... Read More...
Posted On Apr - 22 - 2012 Comments Off READ FULL POST
Federal Circuit Declares Pharmaceutical Patents Unenforceable for Inequitable Conduct By Laura Fishwick – Edited by Jennifer Wong Aventis Pharma S.A. v. Hospira, Inc., No. 2011-1018, 2012 WL 1155716 (Fed. Cir. April 9, 2012). Slip Opinion The Court of Appeals for the Federal Circuit affirmed the U.S. District Court for the District of Delaware‘s holding that claim 5 of Aventis Pharma’s U.S. Patent No. 5,750,561 (filed August 4, 1993) (“the ‘561 patent”) and claim 7 of its U.S. Patent No. 5,714,512 ... Read More...
Posted On Apr - 14 - 2012 Comments Off READ FULL POST
Supreme Court Rejects Diagnostic Process Claims as Unpatentable Laws of Nature By Charlie Stiernberg – Edited by Dorothy Du Mayo Collaborative Servs. v. Prometheus Labs., Inc., No. 10-1150 (U.S. Mar. 20, 2012) Slip Opinion In a unanimous opinion, the Supreme Court reversed a ruling by the Court of Appeals for the Federal Circuit that had held Prometheus’ claimed invention, a process that helps doctors determine whether a given dosage of thiopurine drugs is too high or low, was patentable subject ... Read More...
Posted On Apr - 4 - 2012 1 Comment READ FULL POST
Federal Circuit invites en banc review of broadening reissue jurisprudence By Jeffery Habenicht – Edited by Charlie Stiernberg In re Staats, No. 2010-1443 (Fed. Cir. Mar. 5, 2012) Slip opinion The Federal Circuit reversed the Board of Patent Appeals and Interferences’ (“Board”) decision to reject Staats’s reissue application and remanded for further proceedings. The Board had rejected Staats’s continuing reissue application because it was filed outside of the two-year time limit imposed by 35 U.S.C. § 251 and was not ... Read More...
Posted On Apr - 4 - 2012 Comments Off READ FULL POST
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