Double Patenting in the USA and Europe
An article written by Jonathan Roses and Matthew Birkett, partner at Hoffmann Eitle, titled "Double Patenting in the USA and Europe" was published in The Pharma Letter. Read more (subscription require...
Articles
One and Done: Federal Circuit Affirms No New Notice Requirement Under BPCIA for Supplement to aBLA That Does Not Alter Biosimilar Structure
Overview On July 6, 2020, the Federal Circuit affirmed denial of Genentech’s motions to enjoin Amgen from marketing MVASI™ (bevacizumab-awwb), a biosimilar version of Genentech’s AVASTIN® (bevacizumab...
Uphill Challenges for Parties Seeking Attorney Fees in Federal Circuit Appeals of PTAB Decisions
As any involved party can confirm, patent litigation is often not the most economical method of resolving a dispute. Typically, the “American Rule” is that each party must pay for its own litigation c...
Uniloc 2017 v. Hulu: Federal Circuit Says PTAB’s Review of Substitute Claims Is Not Limited to Anticipation and Obviousness
Per the express language of 35 U.S.C. § 311, a petitioner in an IPR may request cancellation of a claim “only on a ground that could be raised under section 102 or 103.” In other words, an issued clai...
Not a Fragment of the Imagination: Federal Circuit Decides in Favor of Antibody Patent Owner in Hemlibra® Dispute
Overview On August 27, 2020, the Federal Circuit vacated the district court’s determination that Genentech’s Hemlibra® (emicizumab-kxwh) product for treating hemophilia did not infringe Baxalta’s US P...
Federal Circuit Rules that the Commission Cannot Adjudicate an Invalidity Challenge Raised by a Non-party in a Petition for Rescission
A summary written by Libbie DiMarco on Mayborn Group, Ltd. v. Int’l Trade Comm’n, No. 2019-2077 (Fed. Cir. July 16, 2020) titled "Federal Circuit Rules that the Commission Cannot Adjudicate an Invalid...
One Size Does Not Fit All: Courts Exercise Discretion in Addressing the Need for Remote Depositions in the Wake of COVID-19
As the COVID-19 pandemic continues, courts across the country are responding by modifying their standard procedures in the hopes of mitigating the spread of the virus. While some judges are issuing or...
COVID Prompts Compromise: Jury Trial Set to Proceed In-Person Partially
UPDATE: THE FOLLOWING CONTENT WAS ADDED AUGUST 5, 2020
Cross-Roads of Patent Litigation and IPR Practice
An article written by Greg Corbett and Libbie DiMarco titled "Cross-Roads of Patent Litigation and IPR Practice" was published in IP Litigator. Read more.
Harmony Brings Discord: Federal Circuit Affirms Finding that Ariosa Diagnostics’ Harmony® Pre-Natal Test Infringes Illumina and Verinata Health Patents
Overview Cell-free fetal DNA technology was again the centerpiece of a dispute between plaintiffs Illumina and Verinata Health (referred together as Illumina), and defendants Ariosa Diagnostics and Ro...
The Eagle has Landed: Federal Circuit Affirms Disclosure-Dedication Doctrine Barring Doctrine of Equivalents in Eagle Pharmaceuticals v. Slayback Pharma LLC
Overview The Federal Circuit upheld the US District Court for the District of Delaware’s decision that generic Slayback Pharma did not infringe Eagle Pharmaceutical’s patents covering its anti-cancer ...
No Pain Relief at the PTAB: Inherent Obviousness
Even when certain elements in a claimed method are not expressly disclosed in the prior art, the claim can still be held obvious if the missing elements are supplied in the form of an inherent propert...