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Archive for the ‘Pharmaceuticals’ Category

Federal Circuit Flash Digest: News in Brief 

By Amanda Liverzani

Non-Infringement Decision on Hospital Bed Patents Reversed for Erroneous Claim Construction

Patents for Eyelash Growth Treatment Invalidated Based on Obviousness

Constitutionality of “First-Inventor-to-File” Regime Still Undecided

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Posted On Jul - 6 - 2014 Add Comments READ FULL POST

Written Description Problems of the Monoclonal Antibody Patents after Centocor v. Abbott 

Written By: Hyeongsu Park - Edited By: Kendra Albert

The market for therapeutic antibodies is projected to reach hundreds of billion dollars within the next several years. In Centocor v. Abbott, the Court of Appeals for the Federal Circuit (“Federal Circuit”) held that a patentee cannot claim an antibody unless the specification describes it, even if he/she fully characterizes the antigen, and the court vacated a $1.67 billion jury verdict, the largest patent infringement award in U.S. history.

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Posted On Mar - 13 - 2014 Comments Off READ FULL POST

Flash Digest: News In Brief
By James Grace

Hershey’s Opposes Mars’ Attempt to Register a Snickers’ Cross-Section as a Design Mark

Medtronic v. Boston Scientific – Oral Argument

Proposed Tweak to Law Would Pull Shield From Generic-Drug Makers

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Posted On Nov - 10 - 2013 Comments Off READ FULL POST

Routine High-Throughput Screening is Undue Experimentation, Federal Circuit Holds

Wyeth v. Abbott Labs
By Kathleen McGuinness – Edited by Alex Shank

The Federal Circuit upheld the invalidity of patents claiming the use of rapamycin to treat restenosis, the renarrowing of an artery following angioplasty. The court held that “routine experimentation” to discover species of compounds within a claimed genus could constitute “undue experimentation,” since the discovery may require screening tens of thousands of compounds without any guidance from the patent.

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Posted On Jul - 5 - 2013 Comments Off READ FULL POST

Supreme Court Adopts “Rule of Reason” for Reverse Payment Settlements

Federal Trade Commission v. Actavis, Inc.
By Kathleen McGuinness – Edited by Jennifer Wong

On June 17, the Supreme Court ruled that reverse payment settlements between brand name and generic drug manufacturers were not presumptively unlawful, but were subject to scrutiny under the “rule of reason.” This holding overruled the Eleventh Circuit’s dismissal of the case and resolved a circuit split.

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Posted On Jul - 3 - 2013 Comments Off READ FULL POST
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