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Results: 1-10 of 34

A district court has subject matter jurisdiction to conduct contempt proceedings in an ANDA litigation, but filing of a second ANDA does not violate an injunction where the injunction does not prohibit such a filing

  • Finnegan, Henderson, Farabow, Garrett & Dunner LLP
  • -
  • USA
  • -
  • December 31 2007

In Abbott Laboratories v. TorPharm, Inc., No. 07-1019 (Fed. Cir. Oct. 11, 2007), the Federal Circuit upheld the district court’s decision to hold a contempt proceeding on whether Nu-Pharm, Inc.’s (“Nu-Pharm”) filing of an ANDA violated an injunction against TorPharm, Inc., Apotex, Inc., and Apotex Corporation (collectively “Apotex”), but it reversed the district court’s finding of contempt because the injunction contained no “explicit notice” to Apotex that the filing of a new ANDA, by itself or a straw party, was forbidden

Follow-on biologics: a patent litigation perspective

  • Finnegan, Henderson, Farabow, Garrett & Dunner LLP
  • -
  • USA
  • -
  • August 22 2009

In whatever form biosimilar legislation might take, patent holders will need to review their patent portfolios carefully

Preparing your patent portfolio for follow-on biologics

  • Finnegan, Henderson, Farabow, Garrett & Dunner LLP
  • -
  • USA
  • -
  • March 29 2010

On March 23, 2010, President Obama signed into law health insurance reform legislation, H.R. 3590 , a bill which has generated enormous media coverage and publicity

California’s waiver of sovereign immunity in first case did not waive state’s immunity in later suit

  • Finnegan, Henderson, Farabow, Garrett & Dunner LLP
  • -
  • USA
  • -
  • December 31 2007

In Biomedical Patent Management Corp. v. California, No. 06-1515 (Fed. Cir. Oct. 23, 2007), the Federal Circuit affirmed the district court’s grant of a motion to dismiss in favor of the state of California, Department of Health Services (“DHS”), on the ground that DHS was entitled to sovereign immunity under the Eleventh Amendment

Effective uses of reissues and reexaminations in the United States

  • Finnegan, Henderson, Farabow, Garrett & Dunner LLP
  • -
  • USA
  • -
  • June 30 2009

The reissue and reexamination procedures of the U.S. Patent and Trademark Office (USPTO) are valuable tools for businesses that want to strengthen their patent portfolio or weaken that of their competitors

Federal Circuit affirms the ITC’s finding of non-infringement after construing claim term in light of specification’s figures and dictionary definitions

  • Finnegan, Henderson, Farabow, Garrett & Dunner LLP
  • -
  • USA
  • -
  • June 30 2009

In ERBE Elektromedizin GmbH v. International Trade Commission, No. 08-1358 (Fed. Cir. May 19, 2009), the Federal Circuit affirmed the ITC’s ruling in favor of Canady Technology, LLC and Canady Technology Germany GmbH (collectively “Canady”) that Canady did not infringe claims of U.S. Patent No. 5,720,745 (“the ’745 patent”

Stem cell patents held to be obvious despite successful reexaminations and jury verdict to the contrary

  • Finnegan, Henderson, Farabow, Garrett & Dunner LLP
  • -
  • USA
  • -
  • August 31 2007

In PharmaStem Therapeutics, Inc. v. Viacell, Inc., Nos. 05-1490, -1551 (Fed. Cir. July 9, 2007), the Federal Circuit affirmed the district court’s JMOL orders of non-infringement, while reversing the district court’s refusal to grant JMOL of patent invalidity

Comparative quantitative testing not necessary when testing provides sufficient evidence of infringement

  • Finnegan, Henderson, Farabow, Garrett & Dunner LLP
  • -
  • USA
  • -
  • December 31 2007

In In re Gabapentin Patent Litigation, No. 06- 1572 (Fed. Cir. Sept. 21, 2007), the Federal Circuit reversed the district court’s grant of SJ of noninfringement, affirmed the district court’s claim construction of disputed terms, and remanded the case for reconsideration of infringement in accordance with the opinion

Federal Circuit clarifies that the rule against reissue recapture applies to subject matter surrendered during prosecution of related patent applications

  • Finnegan, Henderson, Farabow, Garrett & Dunner LLP
  • -
  • USA
  • -
  • May 31 2010

In MBO Laboratories, Inc. v. Becton, Dickinson & Co., No. 08-1288 (Fed. Cir. Apr. 12, 2010), the Federal Circuit affirmed the district court’s holding of invalidity of claims 27, 28, 32, and 33 of U.S. Reissue Patent No. 36,885 (“the RE ’885 patent”) based on the rule against recapture, and reversed the district court’s holding of invalidity of all other claims

Attorney argument regarding what inferences to draw and not disclosing details of a process for a defense under 35 USC 102(g) when the patent covered a process broadly did not amount to fraud

  • Finnegan, Henderson, Farabow, Garrett & Dunner LLP
  • -
  • USA
  • -
  • December 31 2007

In Apotex Corp. v. Merck & Co., No. 06-1405 (Fed. Cir. Nov. 16, 2007), the Federal Circuit affirmed the district court’s denial of Apotex Corp.’s (“Apotex”) motion to set aside a judgment on charges of fraud and its refusal to compel discovery sought by Apotex