Seeking judicial review of an IPR decision can be a trap for the unwary. Section 319 permits a “dissatisfied” party to appeal. And while the language may seem simple, it can lead parties astray. This ...
Recently, the United States District Court for the District of Massachusetts held a webinar in which several judges discussed their experiences from the first few criminal jury trials that the Distric...
An article written by Jonathan Roses and Alexander Lee, associate at Hoffmann Eitle, titled "Doctrine of Equivalents in US and European Patent Law" was published in The Pharma Letter. Read more (subsc...
An article written by Jonathan Roses and Matthew Birkett, partner at Hoffmann Eitle, titled "Salt and Solid Form Issues in US and European Patents" was published in The Pharma Letter. Read more (subsc...
An article written by Mike Pomianek and Jason Balich titled “Manufacturing Abroad to Avoid Infringing a Method Patent” was published in the fall 2020 edition of Today’s General Counsel. Read more.
Scores of lawyers and stakeholders in the biologics industry had been eagerly awaiting guidance from a federal district court in the In re Humira (Adalimumab) Antitrust Litigation, which was filed in ...
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...
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...
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...
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...
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...
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...