NALPROPION PHARMACEUTICALS, INC. v. ACTAVIS LABORATORIES FL, INC.
Before Prost, Lourie and Wallach. Appeal from the U.S. District Court for the District of Delaware.
Summary: A “substantially equivalent” disclosure may...more
FORUM US, INC. v. FLOW VALVE, LLC -
Before Reyna, Schall and Hughes. Appeal from the U.S. District Court for the Western District of Oklahoma.
Summary: The original patent on which a broadening reissue patent is based...more
Federal Circuit Summaries -
Before Judge Newman, Lourie and Stoll. Appeal from the United States District Court for the District of Massachusetts.
Summary: Claims reciting only conventional steps to detect a natural...more
The Food and Drug Administration (FDA) recently unveiled the Quality in 510(k) (“Quik”) Review pilot program, aimed at reducing the time it takes to review moderate-risk medical devices by one-third. The pilot, dubbed as “a...more
Federal Circuit Summary -
Before Wallach, Linn and Hughes. Appeal from the United States District Court for the Southern District of New York.
Summary: In determining whether to award sanctions under 28 U.S.C. § 1927,...more
10/2/2018
/ Abuse of Discretion ,
Appeals ,
Bad Faith ,
Color of Title ,
Forum Selection ,
Joint and Several Liability ,
Litigation Fees & Costs ,
Multi-Party Litigation ,
Patent Infringement ,
Patent Litigation ,
Patent Validity ,
Patents ,
Personal Jurisdiction ,
Reversal ,
Settlement
Envision Healthcare Corporation (“Envision”) recently announced an agreement to be acquired by KKR & Co. L.P. (“KKR”) for about $5.5 billion in cash. The transaction is valued at $9.9 billion, including the assumption or...more
Federal Circuit Summaries -
Before Newman, Dyk, and Chen. Appeal from the District of Colorado.
Summary: (1) The Federal Circuit’s separate affirmance of a PTAB decision that a patent in suit is invalid renders an...more
5/31/2018
/ Appeals ,
Calculation of Damages ,
Collateral Estoppel ,
Concurrent Litigation ,
Jury Verdicts ,
Mootness ,
Patent Invalidity ,
Patent Royalties ,
Patent Trial and Appeal Board ,
Patent-in-Suit ,
Patents
The U.S. Food and Drug Administration has announced approval of Banyan Biomarkers, Inc.’s Banyan BTI (Brain Trauma Indicator) under the FDA’s De Novo premarket review pathway. According to the press release, Banyan BTI is...more
Federal Circuit Summaries -
Before Prost, Dyk and Chen. Appeal from the United States District Court for the Eastern District of Virginia.
Summary: A party may not seek a declaratory judgment to obtain piecemeal...more
2/6/2018
/ AbbVie ,
Appeals ,
Case or Controversy ,
Declaratory Judgments ,
Extraterritoriality Rules ,
Judicial Discretion ,
License Agreements ,
Patent Infringement ,
Patent Invalidity ,
Pharmaceutical Industry ,
Pharmaceutical Patents ,
Royalties ,
Standing ,
UK
Basil Leaf Technologies recently presented their DxtER device at the 69th AACC Annual Scientific Meeting & Clinical Lab Expo in San Diego. ...more
Becton Dickinson (“BD”) recently announced an agreement to acquire C.R. Bard for $24 billion in cash and stock. The transaction remains subject to regulatory and shareholder approvals, but is expected to close in the fall of...more