McDermott is committed to providing insightful commentary on intellectual property (IP) developments from around the world to our Japanese clients. In light of that effort, we are pleased to announce that our free webinar...more
McDermott is pleased to bring our Life Sciences Boot Camp for In-House Counsel back to the Bay Area!
Amid turbulent economic forces, life sciences companies continue to grapple with increasingly complex legal and business...more
3/21/2023
/ Acquisitions ,
Compliance ,
Continuing Legal Education ,
Corporate Counsel ,
Enforcement ,
Events ,
Food and Drug Administration (FDA) ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
Life Sciences ,
Medical Devices ,
Mergers ,
NAD ,
Pharmaceutical Industry ,
Prescription Drugs
The US Court of Appeals for the Federal Circuit dismissed an appeal, finding it lacked appellate jurisdiction to review a Patent Trial & Appeal Board (Board) decision to vacate an institution decision of inter partes review...more
Addressing the disclosure-dedication doctrine, the US Court of Appeals for the Federal Circuit concluded that the disclosure-dedication doctrine barred a patent owner’s claim of infringement under the doctrine of equivalents...more
Addressing the issue of whether litigation costs that exceed potential damages necessarily render a case exceptional, the US Court of Appeals for the Federal Circuit affirmed a district court’s decision that they did not....more
10/4/2019
/ Appeals ,
Attorney's Fees ,
Exceptional Case ,
Injunctive Relief ,
Jury Trial ,
Litigation Fees & Costs ,
Lost Profits ,
Patent Infringement ,
Patent Invalidity ,
Patent Litigation ,
Patents ,
Summary Judgment
In reversing a district court decision as to whether a validity issue remained justiciable after the challenged claims were disclaimed, the US Court of Appeals for the Federal Circuit explained that the patent owner’s...more
10/2/2019
/ Appeals ,
Article III ,
Claim Disclaimer ,
Claim Preclusion ,
Inter Partes Review (IPR) Proceeding ,
Jurisdiction ,
Justiciable Controversy ,
Lack of Authority ,
Mootness ,
Motion to Amend ,
Obviousness ,
Patent Infringement ,
Patent Invalidity ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Patents ,
Pharmaceutical Patents ,
Reversal ,
Treatment Method Patents
A panel of the US Court of Appeals for the Federal Circuit found claims directed to methods of identifying and detecting a biomarker to be directed to patent-ineligible natural law, affirming a district court decision while...more
Addressing the patentability of method-of-treatment claims, the US Court of Appeals for the Federal Circuit issued two decision finding such claims patent eligible. Natural Alternatives Int’l, Inc. v. Creative Compounds, LLC,...more
4/25/2019
/ Appeals ,
Judgment on the Pleadings ,
Method Claims ,
Motion to Dismiss ,
Patent Litigation ,
Patent-Eligible Subject Matter ,
Patents ,
Product of Nature Doctrine ,
Remand ,
Reversal ,
Section 101 ,
Treatment Method Patents
The US Court of Appeals for the Federal Circuit vacated a final Patent Trial and Appeal Board (PTAB) decision in an inter partes review (IPR) that held all challenged claims of a patent unpatentable, finding that the petition...more
The US Court of Appeals for the Federal Circuit affirmed a lower court ruling that a claim must at a minimum include the recited enantiomer. Sumitomo Dainippon Pharma Co., Ltd. v. Emcure Pharmaceuticals Ltd., et al., Case No....more
The US Court of Appeals for the Federal Circuit affirmed the district court’s finding that a skilled artisan would have had no reasonable expectation of success in making the claimed invention. UCB, Inc., et al., v. Accord...more
The US Court of Appeals for the Federal Circuit affirmed a district court finding of unenforceability, concluding that a patent owner’s unclean hands can render patents unenforceable based on a materiality standard of conduct...more
The US Court of Appeals for the Federal Circuit reversed a district court’s claim construction, finding that later-added dependent claims cannot broaden claim scope affirmatively limited by the specification. Cave Consulting...more
The US Court of Appeals for the Federal Circuit affirmed that inducement of infringement can be shown based on encouragement and inferred intent of infringing use from a drug label. Sanofi-Aventis U.S., LLC v. Watson Labs....more
Settlement agreement between a co-defendant and plaintiff in a Hatch-Waxman patent litigation matter is discoverable, ruled Judge Bryson in Allergan, Inc. v. Teva Pharmaceuticals, Inc. et al., Case No. 15-1455 (E.D. Tex.,...more
On-Sale Bar Is No Bar for Selling Manufacturing Services to the Inventor -
Addressing what constitutes an invalidating “sale” under § 102(b), the US Court of Appeals for the Federal Circuit sitting en banc affirmed the...more
11/4/2016
/ Abbreviated New Drug Application (ANDA) ,
Antitrust Violations ,
Appeals ,
Direct Infringement ,
Food and Drug Administration (FDA) ,
HIV ,
Indirect Infringement ,
Inventors ,
Manufacturers ,
Motion to Dismiss ,
On-Sale Bar ,
Patent Infringement ,
Patent Litigation ,
Patents ,
Pharmaceutical Industry ,
Product Hopping ,
Reverse Payments ,
Sherman Act
180-Day Notice Period for Biosimilar Approval Is Always Mandatory and Enforceable by Injunction -
Amgen Inc., v. Apotex Inc., (Fed. Cir. July 5, 2016) -
A year after analyzing the patent dance and notice...more
7/19/2016
/ Abbreviated New Drug Application (ANDA) ,
Actavis Inc. ,
Amgen ,
Assignments ,
Attorney-Client Privilege ,
Biosimilars ,
BPCIA ,
Federal Rule 12(b)(6) ,
Food and Drug Administration (FDA) ,
Hospira ,
Litigation Privilege ,
Merck ,
Method Claims ,
Motion to Dismiss ,
Obviousness ,
Patent Dance ,
Patent Infringement ,
Patents ,
Personal Jurisdiction ,
Pharmaceutical Industry ,
Product Exclusivity ,
Reverse Payment Settlement Agreements ,
Sandoz v Amgen ,
Summary Judgment ,
Unclean Hands ,
Work-Product Doctrine
Patents / Patent Eligible Subject Matter -
Supreme Court to Myriad: Isolated DNA Sequences Are Not Patent-Eligible Subject Matter --
AMP et al. v. Myriad Genetics, Inc.:
In a 9–0 decision the Supreme...more
6/27/2013
/ Abuse of Discretion ,
AMP v Myriad ,
Burden of Proof ,
Copyright ,
Damages ,
DNA ,
False Advertising ,
First Amendment ,
Human Genes ,
Infringement ,
Lanham Act ,
Myriad ,
Oprah Winfrey ,
Patent Terms ,
Patent-Eligible Subject Matter ,
Patents ,
Permanent Injunctions ,
SCOTUS ,
Time Warner ,
Trade Secrets ,
Trademarks ,
USPTO ,
Willful Infringement