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Federal Circuit ruling clears way for approval of generic version of Fentora
- McDermott Will & Emery
- -
- USA
- -
- March 29 2013
Addressing allegations of patent infringement by a generic version of Fentora, the U.S. Court of Appeals for the Federal Circuit reversed in
Generics challenge to Crestor patent fails
- McDermott Will & Emery
- -
- USA
- -
- January 31 2013
In a case involving multiple defendants seeking to sell generic versions of the drug rosuvastatin calcium, currently marketed as Crestor, the U
Obviousness-type double patenting requires a reason to modify with a reasonable expectation of success
- McDermott Will & Emery
- -
- USA
- -
- October 31 2012
Addressing the issue of obviousness-type double patenting, the U.S. Court of Appeals for the Federal Circuit reaffirmed its earlier rulings that obviousness must be judged by whether the differences in subject matter between the new claim and the earlier claim are patentably distinct
“Clear and convincing” is the standard for obviousness no matter what
- McDermott Will & Emery
- -
- USA
- -
- July 31 2012
Clarifying the standards and burdens associated with an obviousness analysis, the U.S. Court of Appeals for the Federal Circuit found that the presumption of validity and burden of proving obviousness do not change regardless of the facts of a particular case
Federal Circuit affirms structural obviousness analysis
- McDermott Will & Emery
- -
- USA
- -
- May 30 2012
The U.S. Court of Appeals for the Federal Circuit, in addressing the standard for establishing when a chemical compound is obvious based on prior art compounds, reiterated its two-part framework earlier established in Takeda Chemical Industries, Ltd. v. Alphapharm Pty., Ltd. (see IP Update, Vol. 10, No. 7
New complaint filed by Technology Properties Ltd
- McDermott Will & Emery
- -
- USA
- -
- March 28 2012
Technology Properties Ltd. has filed a new complaint at the ITC seeking an investigation into the importation of Certain Computer and Computer Peripheral Devices and Components Thereof and Products Containing the Same
Chief ALJ Bullock rejects summary determination motions
- McDermott Will & Emery
- -
- USA
- -
- March 28 2012
Chief ALJ Bullock has rejected three motions for summary determination of non-infringement by respondents PHE, Inc., Evolved Novelties, Inc., and Momentum Management, LLC in Inv. No. 337-TA-823, Certain Kinesiotherapy Devices and Components Thereof
ALJ Essex orders respondents to respond to discovery requests in 337-TA-804
- McDermott Will & Emery
- -
- USA
- -
- March 9 2012
On March 9, 2012, ALJ Essex granted complainants Litepanels, Inc.’s and Litepanels, Ltd.’s (“Litepanels”) motion to compel discovery and ordered respondents Fuzhou F&V Photographic Equipment Co., Ltd (“F&V”) and Shantou Nanguang Photographic Co. Ltd. (“Nanguang “) to provide full and complete responses various interrogatories and requests for production
ALJ Pender denies a non-party motion to quash but grants motion to limit subpoenas issued in 337-TA-808
- McDermott Will & Emery
- -
- USA
- -
- March 9 2012
On March 9, 2012, ALJ Pender issued an order denying non-party Openwave System Inc.’s (“Openwave”) motion to quash a subpoena duces tecum and subpoena ad testificandum served by Respondent Apple, Inc. (“Apple”
ALJ Bullock issues initial determination terminating the investigation as to drugstore.com
- McDermott Will & Emery
- -
- USA
- -
- March 9 2012
On March, 9, 2012, Chief ALJ Bullock issued an initial determination granting a joint motion to terminate the investigation as to respondent drugstore.com based on a consent order stipulation in Inv. No. 337-823, Certain Kinesiotherapy Devices and Components Thereof
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