Lessons on Inherency Challenges After Hospira v. Fresenius Kabi USA
An article by Jonathan Roses titled "Lessons on inherency challenges after Hospira v. Fresenius Kabi USA" was published by Westlaw Journal. Read more.
Articles
Hospira Requests En Banc Review as to its Entitlement to Safe Harbor Protections for Manufacturing its Epogen® Biosimilar
Overview On January 15, 2020, Hospira, Inc. filed a petition for rehearing en banc of the Federal Circuit’s December 16, 2019 panel decision in Amgen, Inc. v. Hospira, Inc., Nos. 2019-1067, 2019-1102 ...
Indefinite, but Obvious and Anticipated? Federal Circuit Tells PTAB Certain Indefinite Claims May Be Anticipated or Obvious
Patent claims that could be indefinite have long raised tricky issues for parties in IPR. Should petitioners challenge in IPR claims they think are indefinite? What should the PTAB do if it concludes ...
The Trademark Reporter's 2020 Annual Review of U.S. Trademark Cases
The 2020 Annual Review of U.S. Trademark Cases, co-authored by John L. Welch and titled “The Seventy-Second Year of Administration of the Lanham Act of 1946," appeared in the January-February issue of...
The Purple Book: The FDA Announces Welcome Enhancements
Earlier this week, the FDA announced that it has made enhancements to the Purple Book. These changes improve how information related to biological and biosimilar products is accessed through the use o...
Strategies for Patenting Artificial Intelligence Innovations in the Life Sciences
Today, companies are developing artificial intelligence (AI) systems to meaningfully analyze the deluge of biomedical data. A substantial investment in building and deploying machine learning (ML) tec...
The Federal Circuit Giveth, And The Federal Circuit Taketh Away
That is the gist of a recent decision by the court, which permitted an IPR Petitioner to use “general knowledge” to fill in missing claim limitations in certain circumstances, but also constrained the...
Latest Developments and Emerging Trends at the ITC
An article written by Greg Corbett and Libbie DiMarco titled "Latest Developments and Emerging Trends at the ITC" was published in IP Litigator. Read more.
Galderma Prevails At The Federal Circuit, Forcing Case Back To The District Court To Consider Teva’s Additional Invalidity Theories
Overview On January 29, 2020, the Federal Circuit reversed and remanded an August 21, 2019 decision (Galderma v. Teva, 390 F.Supp.3d 582 (2019)) handed down by the United States District Court for the...
Genentech, Inc. v. Hospira, Inc. – Overlapping Temperature Ranges Can Leave a Patentee Out in the Cold
When can a prior art reference that discloses a protein purification step at room temperature render invalid a patent claim with a temperature range from about 10°C to about 18°C? Answer: When that pr...
Litigating Invalidity After IPR Resolution
An article written by Libbie DiMarco and Nathan Speed titled "Litigating Invalidity After IPR Resolution" was published in the Chicago-Kent Journal of Intellectual Property. Read more.
Supreme Court Oral Argument Review: The Justices Appear Split in Thryv v. Click-to-Call
The Supreme Court heard oral arguments in Thryv v. Click-to-Call Technologies last month. As we previously discussed, the case concerns whether the PTAB’s finding that a petition for IPR was timely fi...