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Archive for the ‘Pharmaceuticals’ Category

Federal Circuit Reverses and Remands District Court Ruling in Obviousness-type Double Patenting Case By Kassity Liu – Edited by Joey Seiler Boehringer Ingelheim Int’l. v. Barr Laboratories, Inc., No. 2009-1032 (Fed. Cir. 2010). Opinion The Federal Circuit reversed and remanded the District Court for the District of Delaware, which had ruled that U.S. Patent No. 4,866,812, owned by the appellant Boehringer, was invalid because Boehringer’s terminal disclaimer did not overcome obviousness-type double patenting with respect to an earlier expired patent, ... Read More...
Posted On Jan - 31 - 2010 1 Comment READ FULL POST
Class action claim against Zicam manufacturer Matrixx reinstated by the Ninth Circuit By Abby Lauer – Edited by Alissa Del Riego Siracusano v. Matrixx Initiatives, Inc., No. 06-15677 (9th Cir. Oct. 28, 2009) Opinion The Ninth Circuit has unanimously reversed the U.S. District Court for the District of Arizona’s holding, which had dismissed a class action claim against Zicam manufacturer Matrixx for the complaint’s failure to adequately allege a violation of the Private Securities Litigation Reform Act of 1995 (“PSLRA”). ... Read More...
Posted On Nov - 1 - 2009 Comments Off READ FULL POST
Bayer Schering Pharma v. Barr Labs By Aaron Dulles – Edited by Evelyn Breithaupt Bayer Schering Pharma AG and Bayer Healthcare Pharm., Inc. v. Barr Labs., Inc., No. 2008-1282 (Fed. Cir. Aug. 5, 2009) Slip Opinion On August 5, 2009, a Federal Circuit panel affirmed the decision of the District of New Jersey, which had found Bayer’s U.S. Patent No. 6,787,531 (“’531 Patent”) invalid because of obviousness. The ’531 Patent concerns a formulation of the well-known contraceptive drug drospirenone. The ... Read More...
Posted On Aug - 13 - 2009 Comments Off READ FULL POST
By Sharona Hakimi Senators Urge FCC to Carefully Examine Exclusive Cell Phone Deals On June 16, Ars Technica reported that senators wrote a letter to the FCC voicing concern over exclusivity agreements between service providers and phone manufacturers. The four senators who signed the letter – Senators John Kerry (D-MA), Roger Wicker (R-MS), Byron Dorgan (D-ND), and Amy Klobuchar (D-MN) – expressed particular concern as to whether the deals restrict consumer choice regarding handsets and geographic regions. They also noted ... Read More...
Posted On Jun - 20 - 2009 Comments Off READ FULL POST
Federal Circuit Resolves Split Regarding Product-by-Process Claims By Sharona Hakimi – Edited by Stephanie Weiner Abbott Laboratories v. Sandoz, Inc., May 18, 2009, No. 07-1400, -1406 Opinion (hosted by Patently-O) On May 18th the Court of Appeals for the Federal Circuit, sitting en banc, reconciled a long-standing conflict between two lines of cases determining the scope of product-by-process claims. The Federal Circuit affirmed the Atlantic Thermoplastics Co. v. Faytex Corp. rule that infringement of a product-by-process claim requires actually using ... Read More...
Posted On May - 30 - 2009 Comments Off READ FULL POST
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