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The Commission has declined to enter a consent order, and instead terminated on the basis of a settlement agreement, Inv. No. 337-TA-568, Certain Products and Pharmaceutical Compositions Containing Recombinant Human Erythropoetin
A sharply divided panel of the U.S. Court of Appeals for the Federal Circuit, addressing the requirements for direct infringement if more than one party performs the steps of the patented method, ruled that the doctor-patient relationship was insufficient to show that the patient was acting under the direction or control of the doctor. McKesson Techs. Inc. v. Epic Sys. Corp., Case No. 10-1291 (Fed. Cir. Apr. 12, 2011) (Linn, J.) (Bryson, J. concurring) (Newman, J., dissenting
The U.S. Court of Appeals for the Federal Circuit invalidated claims for a method of treating Alzheimer’s disease because the specification comprised a summary of six scientific papers and reported no data on the use of the compound at issue in humans
ALJ Rogers denied a Motion for Presumption of Infringement Under 35 U.S.C. 295 filed by Eli Lilly & Company (“Lilly”) in Inv. No. 337-TA-766, Certain Gemcitabine and Products Containing the Same
