The Federal Circuit Adds Color to Formulation Claims in Olaplex v. L’Oréal
(as published in the May 2021 issue of the American Chemical Society's Northeast Section publication of The Nucleus)
Biotechnology (3)
Finding the ‘Sweet Spot’ of Enablement in Amgen v. Sanofi: The Federal Circuit Provides Guidance on Enabling Antibody Claims
On February 11, 2021 the Federal Circuit upheld a United States District Court for the District of Delaware decision finding that Amgen’s function-only anti-PCSK9 monoclonal antibody claims were noten...
2020 Year in Review: Patent Decisions Impacting the Life Sciences
Authors: Jason Balich, K. Blake Chancellor, Sam Estabrooks, Eric Greenwald, Chelsea Loughran, Gabe McCool, Marie McKiernan, Kevin Mosier, Jonathan Roses, Claire Schuster, Charlie Steenburg, Patrick Wa...
Expert Declarations in Inter Partes Review Proceedings Must Do More Than Create Noise: PTAB Silences Challenge to Patented Method for Cleaning “Noisy” Genetic Data
Overview On December 11, 2020, the PTAB issued a Final Written Decision in Illumina, Inc. v. Natera, Inc., IPR2019-01201, upholding the validity of Natera Inc.’s patent for determining genetic data fr...
Targeting Indefinite Claims: Horizon Pharma, Inc. v. Dr. Reddy’s Laboratories, Inc.
Summary Agreeing with the district court’s decision to invalidate two drug patents for indefiniteness, the Federal Circuit reasoned that two terms (“target” versus “produce”) used in the alternative i...
Protecting Pharmaceutical Exclusivity: Avoiding the Hidden Dangers of Double Patenting
An article written by Rob Sahr titled “Protecting Pharmaceutical Exclusivity: Avoiding the Hidden Dangers of Double Patenting” was published in Pharmaceutical Commerce. Read more.
Doctrine of Equivalents in US and European Patent Law
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...
Salt and Solid Form Issues in US and European Patents
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...
Unqualified Antitrust Immunity: the In re Humira Decision
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 ...
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...
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...