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Results: 1-10 of 2,177

The USPTO issues guidelines for subject matter eligibility in view of the Supreme Court's Myriad and Prometheus decisions

  • Venable LLP
  • -
  • USA
  • -
  • August 29 2014

The U.S. Supreme Court's decisions in Molecular Pathology v. Myriad Genetics, Inc. (Myriad) and Mayo Collaborative Services v. Prometheus

Infringement analysis under 271(e) focuses on the product that is likely to be sold following ANDA approval, not

  • Fish & Richardson PC
  • -
  • USA
  • -
  • August 29 2014

Fed Cir affirmed non-obviousness but reversed infringement finding, and vacated the injunction and order preventing FDA approval of a generic product

If ANDA is silent on infringement, then infringement is assessed based on the product likely to be sold; courts have discretion to consider post-trial ANDA amendments

  • Fish & Richardson PC
  • -
  • USA
  • -
  • August 29 2014

Fed Cir affirmed dismissal of Ferring’s Hatch-Waxman infringement claim as moot after Apotex’s amendment to its ANDA rendered it non-infringing.The

The thorny problem of patentable eligible subject matter: part 8 of a 10-part series: Australia

  • Michael Best & Friedrich LLP
  • -
  • Australia, USA
  • -
  • August 28 2014

In Australia, the basic requirements for patentability are found in section 18(1) of the Patents Act (1990) (Act) which provides: an invention is a

Federal Circuit revives certain sham petitioning antitrust counterclaims in Tyco-mutual ANDA litigation

  • Hogan Lovells
  • -
  • USA
  • -
  • August 26 2014

In a split decision, the U.S. Court of Appeals for the Federal Circuit affirmed summary judgment on two antitrust counterclaims brought by Mutual

Will the USPTO respond to public feedback of its eligibility guidance?

  • Foley & Lardner LLP
  • -
  • USA
  • -
  • August 25 2014

Periodically, the USPTO holds open meetings with the public to discuss its thinking on current topics relating to the patent procurement process

Using post-grant proceedings to challenge pharma patents

  • Choate Hall & Stewart LLP
  • -
  • USA
  • -
  • August 25 2014

Thanks to the Leahy-Smith America Invents Act, there are now a variety of ways to challenge the validity of a U.S. patent, such as inter partes

B.C. Supreme Court breathes life into new breed of potential pharma-related class action whereby innovator profits are at risk

  • McCarthy Tétrault LLP
  • -
  • Canada
  • -
  • August 22 2014

In Canada, innovator drug companies can protect their market exclusivity from generic copycats by asserting patents against the generic manufacturer

Federal Circuit finds non-infringement of patent by product likely to be sold under amended ANDA

  • Kenyon & Kenyon LLP
  • -
  • USA
  • -
  • August 22 2014

The infringement analysis turned on whether the ANDA product met the claimed dissolution rate. The originally filed ANDA did not specify whether the

Airing the USPTO’s naturally occurring dirty laundry -- the subject matter eligibility stain

  • Foley & Lardner LLP
  • -
  • USA
  • -
  • August 21 2014

It has been five months since the USPTO issued its Guidance For Determining Subject Matter Eligibility of Claims Reciting Or Involving Laws of Nature