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By Edgar Haug, Angus Chen, Jason Lief, Elizabeth Murphy, Andrew Wasson, Michelle Irwin, Jason Kanter, Erika Selli, Camille Turner, Janice Ye
Shire Pharmaceuticals has just achieved another victory in the enforcement of its Lialda® patent.
By Kyle Haug, Nicholas Giove, Laura Chubb, Jonathan Herstoff, Andrew Roper, Damon Lewis, Camille Turner
Following a December 8, 2016 oral argument, the United States Court of Appeals for the Federal Circuit entered a Rule 36 judgment on December 12, 2016...
By Bryan Braunel
Section 289 provides that a design patent owner can recover an infringer's "total profit" as damages for the sale of "any article of manufacture to which such design … has been applied...
By Joseph Saphia, Bonnie Gaudette
The Federal Circuit, for only the third time since the Supreme Court provided the two-step Alice framework in 2014, found software-based patent claims eligible under step two of the analysis.
By David Shotlander
On October 20, 2016, the Antitrust Division of the U.S. Department of Justice and the Federal Trade Commission ("the agencies") jointly issued Antitrust Guidance for Human Resources Professionals.
By Nicholas Giove
The Federal Circuit's decision on October 20, 2016 in Medtronic Inc. v. Robert Bosch Healthcare Systems reaffirms that it lacks the authority to review PTAB vacaturs of PTAB institution decisions in IPRs.
By Caroline Bercier
The United States Patent and Trademark Office ("PTO") published a proposed rule in the Federal Register on October 18, 2016...
By Frommer Lawrence & Haug LLP
The District of New Jersey entered a Final Judgment ending a Hatch-Waxman patent infringement lawsuit and protecting innovator pharmaceutical company Shire's blockbuster drug Vyvanse® (lisdexamfetamine dimesylate).
By Bryan Braunel
In In re Silver, the Court of Appeals for the Fifth District of Texas at Dallas refused to recognize an attorney-client privilege for communications between inventors and patent agents.
By Angus Chen, Robert Colletti, Porter Fleming, Edgar Haug, Richard Kurz, Jason Lief, David Zwally, Sam Desai, Jason Kanter, Laura Krawczyk, Damon Lewis, Erika Selli, C. Sebastian Zonte
In the en banc rehearing, the Court considered whether The Medicines Company's use of third-party services to manufacture the patented products triggered the on-sale bar of 35 U.S.C. § 102(b).
By David Zwally
In Rapid Litigation Management v. CellzDirect, Inc., the Federal Circuit vacated and remanded a decision from the Northern District of Illinois invalidating U.S. Patent No. 7,604,929 under 35 U.S.C. § 101 as a patent-ineligible law of nature and lacking an inventive step.
By Edgar Haug, Nicholas Giove, Laura Chubb, Kevin Georgek
Magistrate Judge Schneider of the District of New Jersey granted plaintiff Supernus's motion to compel thirty-three documents that defendant TWi claimed were inadvertently produced privileged documents.
By Nicholas Giove, Michelle Irwin
The Federal Circuit held that Merck's offer for sale more than one year prior to the patent's filing date was sufficiently definite to constitute an on-sale bar against U.S. Patent No. 6,441,168...
By Nicholas Giove, Michael J. D'Angelo
Glenmark Pharmaceuticals Ltd. and Glenmark Pharmaceuticals Inc., USA ("Glenmark"), the filers of an Abbreviated New Drug Application ("ANDA") for a topical skin treatment...
By Nicholas Giove, Jonathan Herstoff
In a case concerning socket assemblies used in prosthetic hip implants, Howmedica Osteonics Corp. and Stryker Ireland Ltd. (collectively "Stryker") appealed from the District of New Jersey's noninfringement ruling...