Searching Content by Shon Lo ordered by Published Date Descending.
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Counting The Days: PTA Calculated From Date National Stage Commences
Addressing the patent term adjustment (PTA) calculations under 35 USC § 154(b)(1)(A)(i)(II), the US Court of Appeals for the Federal Circuit held that an applicant must comply with the "express request" ...
United States
5 Apr 2018
Unpredictable Biology, Non-Analogous Art Go Against Reasonable Expectation of Success
Plerixafor disrupts this bond, releasing the stem cell from the bone marrow into the bloodstream, so that the stem cells can then be collected from a patient's blood.
United States
19 Mar 2018
NJ Court Grants Exceptional Case Fees Based On Speculative Infringement Suit
The court then determined how much time was reasonably expended on the matter.
United States
5 Dec 2017
Court Dismisses Infringement Theory Premised On Speculated Future Formulation Changes
The US District Court for the District of New Jersey granted generic manufacturer's motion for judgment on the pleadings under Fed. R. Civ. P. 12(c) on the basis of non-infringement.
United States
23 Aug 2017
Export Of Single Component Of Patented Combination Does Not Impose Liability Under § 271(f)(1)
In reversing the US Court of Appeals for the Federal Circuit, an essentially unanimous Supreme Court of the United States ruled that the "supply of a single component of a multi-component invention for manufacture abroad does not give rise to liability" under 35 USC § 271(f)(1).
United States
19 Apr 2017
Infringement Under The Doctrine Of Equivalents
The US Court of Appeals for the Federal Circuit affirmed the finding of infringement from the US District Court for the District of Delaware under the doctrine of equivalents based on admissions from the defendant's abbreviated new drug application.
United States
10 Nov 2016
Inherent Disclosure Supplies Adequate Written Description For Priority Claim
Abbott is the owner of a patent that discloses and claims a protein called TBP-II with a particular 15 amino acid sequence at its N-terminus.
United States
1 Nov 2016
Reformulated OxyContin Patents Invalid
The case concerns four patents related to a version of the pain reliever OxyContin.
United States
4 Apr 2016
Re-Exam Claiming Opposite Enantiomer Not Enough To Invalidate Patent
The U.S. Court of Appeals for the Federal Circuit affirmed the judgment of the district court regarding the five asserted patents. Cubist Pharmaceuticals, Inc. v. Hospira, Inc., 805 F.3d 1112, 1115 (Fed. Cir. 2015).
United States
7 Mar 2016
Foreign Proceedings Do Not Trigger § 315(b) Time Bar
The petitioner, Micron, requested IPR of an MIT patent relating to using a laser in cutting parts of a circuit.
United States
4 Jan 2016
District Court Upholds Exclusivity Rights On Antibiotic Astragraf XL
Veloxis elected not to accept the FDA's proposed compromise, and sought judicial review of the FDA's decision that it would not approve Envarsus XR until Astagraf XL's exclusivity expired.
United States
3 Nov 2015
Federal Court Affirms Invalidity Of Sterile Budesonide Claims
The U.S. Court of Appeals for the Federal Circuit recently affirmed the obviousness of claims directed to sterile, pharmaceutically effective budesonide compositions.
United States
30 Jul 2015
Statute Intended To Close Deepsouth Loophole Given Broad Interpretation
The asserted patents relate to DNA amplification kits. Specifically, the kits amplify "short tandem repeats" (STR) found in the human genome at locations called STR loci.
United States
3 Feb 2015
This Flea Market Needs A Real Coach
The U.S. Court of Appeals for the Sixth Circuit affirmed liability of a flea market operator for contributory trademark infringement for failure to stop the sale of counterfeit goods at the market.
United States
15 Jul 2013
The Federal Circuit Reverses Summary Judgment That Claims Were Not Obvious
In an ANDA case involving a reissue patent, the U. S. Court of Appeals for the Federal Circuit reversed a district court's summary judgment that the asserted claims of the reissue patent were not obvious.
United States
5 Jun 2013
Dismissal Of Declaratory Judgment Counterclaims In Fosamax Case Vacated As Moot
Addressing the Article III case or controversy requirement in the context of the exclusivity forfeiture position of the Medicare Prescription Drug Improvement and Modernization Act of 2003 (MMA), the U.S. Court of Appeals for the Federal Circuit, in a non-precedential per curiam opinion, affirmed a district courts dismissal of Apotexs counterclaims for declaratory judgment of invalidity and non-infringement.
United States
8 Oct 2008
Preamble Language Presumed To Provide Context, Not Impose Limitations
Addressing the rules of claim construction pertaining to preambles and preferred embodiments, the U.S. Court of Appeals for the Federal Circuit vacated the district court’s summary judgment of non-infringement.
United States
17 Jun 2008
Convoyed Sales And Acceptable Substitutes
Addressing the issue of lost-profit damages, the U.S. Court of Appeals for the Federal Circuit upheld the functional relationship test for convoyed sales and clarified what is an acceptable substitute under Grain Processing.
United States
17 Mar 2008
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