ELI LILLY AND COMPANY v. HOSPIRA, INC.
Before Lourie, Moore, and Taranto. Appeal from the District Court for the Southern District of Indiana.
Summary: A narrowing claim amendment does not necessarily surrender all...more
REGENTS OF THE UNIV. OF MINN. v. LSI CORPORATION -
Before Dyk, Wallach, and Hughes. Appeal from the Patent Trial and Appeal Board.
Summary: State sovereign immunity does not apply to IPR proceedings asserted against...more
Federal Circuit Summary -
Before Lourie, O’Malley, Reyna. Appeals from the Patent Trial and Appeal Board, United States District Court for the Northern District of West Virginia, and United States District Court for the...more
2/26/2019
/ Appeals ,
Client Representation ,
Conflicts of Interest ,
Disqualification ,
Model Rules ,
Parent Corporation ,
Patent Trial and Appeal Board ,
Rules of Professional Conduct ,
Subsidiaries ,
Trademark Infringement ,
Trademark Litigation
Federal Circuit Summary -
On September 10, 2018, the Federal Circuit decided Regents of the University of California v. Broad Institute, Inc., affirming the Patent Trial and Appeal Board (PTAB)’s determination of no...more
9/17/2018
/ Appeals ,
CRISPR ,
Interference Proceeding ,
Life Sciences ,
Obviousness ,
Patent Applications ,
Patent Infringement ,
Patent Trial and Appeal Board ,
Patents ,
Prior Art ,
Reaffirmation ,
Substantial Evidence Standard ,
University of California
On July 18, 2018, the FDA released a Biosimilar Action Plan that is aimed at promoting competition and affordability across the market for biologics and biosimilar products. The Plan uses four key strategies to accomplish...more
During a speech on May 22, 2018 at the Alliance for Regenerative Medicine's Annual Board Meeting, Food and Drug Administration (FDA) Commissioner Scott Gottlieb announced that the FDA plans to alert companies that “certain...more
Federal Circuit Summaries -
Before Reyna, Clevenger, and Wallach. Appeal from the United States District Court for the District of Colorado -
Summary: Even in a simple mechanical case, a narrow disclosure in the...more
Federal Circuit Summaries -
Before Newman, Dyk, and O’Malley. Appeal from the Patent Trial and Appeal Board.
Summary: The PTAB may enter an adverse judgment against a patent owner where, before issuing an institution...more
1/25/2018
/ Adverse Judgments ,
Appeals ,
Doctrine of Prosecution Disclaimer ,
Final Written Decisions ,
Inter Partes Review (IPR) Proceeding ,
Non-Appealable Decisions ,
Patent Owner Preliminary Response ,
Patent Trial and Appeal Board ,
Patents ,
Right To Appeal ,
Waivers
In a recent development with the ongoing complex litigation involving Janssen Biotech’s arthritis biologic medicine Remicade (infliximab) and Celltrion’s biosimilar, Celltrion’s partner Pfizer has filed a suit against...more
On October 9, 2017, California Governor Jerry Brown signed the new drug price transparency bill SB 17. The new law requires pharmaceutical companies to give 60 days’ notice to state and health insurers if they plan to raise...more
On August 30, 2017, the PTAB issued a Final Written Decision in M & P Golf, LLC (d/b/a Cool Clubs) v. Max Out Golf, LLC, IPR2016-00784, Paper 43 (P.T.A.B August 30, 2017), entering adverse judgement on the original patent...more
Recently, digital currencies, such as bitcoin, have greatly increased in popularity. Some of this popularity may be attributed to digital currencies’ many purported advantages over traditional currencies, such as that...more
9/15/2017
/ Artificial Intelligence ,
Bitcoin ,
Blockchain ,
Digital Currency ,
Distributed Ledger Technology (DLT) ,
Electronic Medical Records ,
Health Care Providers ,
Health Insurance ,
Medical Devices ,
Popular ,
Smart Contracts
On August 2, 2017, the U.S. Food and Drug Administration approved the use of Imbruvica® (ibrutinib) for the treatment of adult patients with chronic graft versus host disease (cGVHD) to Pharmacyclics LLC. Imbruvica® is the...more
Janssen Biotech Inc. and Celltrion Healthcare have taken the next step over Janssen’s blockbuster arthritis biologic medicine Remicade (infliximab) and Celltrion’s biosimilar, as required by the Biologics Price Competition...more
7/1/2017
/ Biologics ,
Biosimilars ,
BPCIA ,
Celltrion ,
Good Faith ,
Janssen Pharmaceuticals ,
Lost Profits ,
Negotiations ,
Patent Dance ,
Patent Infringement ,
Patents ,
Pharmaceutical Industry ,
Pharmaceutical Patents
The WannaCry virus has infected and frozen computers in many industries around the world. According to a news source report, the virus has extorted doctors and hospital administrators for the keys to unlock and regain access...more
On March 28, 2017, the U.S. Food and Drug Administration (FDA) approved the use of Ocrevus (ocrelizumab) in treating multiple sclerosis (MS). Ocrevus is a new biologic and is the first drug approved by the FDA to treat...more
The PTAB issued a Final Written Decision in Amerigen Pharm. Ltd. v. Shire LLC, IPR2015-02009, Paper 38 (P.T.A.B. March 31, 2017) granting a rare motion to amend. The motion canceled all instituted claims and amended a...more
As the medical device market continues to grow, the medical device industry has strived to reduce costs through outsourcing. An industry report has found that the global medical device outsourcing market was valued at $33.2...more
Written by Daniel A. Kamkar and Eric Furman, Ph.D. After the United Kingdom voted to leave the European Union, dubbed “Brexit” by the press, many have called into question whether the UK would ratify the Unitary Patent...more