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Federal Circuit holds that party seeking declaratory judgment of non-infringement bears the burden to prove non-infringement

Jeffer Mangels Butler & Mitchell LLP
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USA
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September 20 2012

The U.S. Court of Appeals for the Federal Circuit vacated and remanded a Delaware court's finding that Medtronic Inc. did not infringe Boston Scientific patents relating to cardiac rhythm therapy (CRT) devices known as implantable cardioverter defribrillators (ICDs

Motion to dismiss patent infringement complaint granted where complaint used the phrase "at least" to claim more than products identified in complaint

Jeffer Mangels Butler & Mitchell LLP
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USA
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September 14 2012

The above ruling, after being delayed for a month, was finally published on September 2, 2012

Motion for judgment on the pleadings denied even though defendant contended that patent infringement claim contradicted the specification of the patent-in-suit

Jeffer Mangels Butler & Mitchell LLP
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USA
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September 5 2012

Intendis, Inc. ("Intendis") and Dow Pharmaceutical Sciences, Inc. ("Dow") filed a patent infringement action against River's Edge Pharmaceuticals, LLC ("River's Edge"

Will Mayo v. Prometheus be the basis for the invalidation of broad patent claims and the renegotiation of royalties? Implications for Myriad gene case

Jeffer Mangels Butler & Mitchell LLP
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USA
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March 22 2012

In Mayo v. Prometheus, the U.S. Supreme Court held that claims directed to a diagnostic method were unpatentable, not simply because the subject matter of the claims was not novel or obvious, but rather because the subject matter covered by the claims was the mere application of the laws of nature - the discovery of facts of nature - and therefore not patentable on a more fundamental basis under Section 101 of the Patent Act

When plaintiffs exit market and are no longer direct competitor of defendants stay pending reexamination is justified as plaintiffs can no longer show prejudice: Wyeth v. Abbott Laboratories

Jeffer Mangels Butler & Mitchell LLP
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USA
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February 17 2012

In this patent action, Defendants filed a renewed motion to the stay the proceedings pending an inter partes reexamination of the patents-in-suit

Sanctions awarded against Teva Pharmaceuticals for continuing to press inequitable conduct defense and counterclaim after Therasense

Jeffer Mangels Butler & Mitchell LLP
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USA
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October 24 2011

Pfizer filed a patent infringement action against Teva Pharmaceuticals ("Teva") over a patent that claims the use of certain chemical compounds claimed as a method to treat erectile dysfunction

Even after Therasense a defense of inequitable conduct survives summary judgment

Jeffer Mangels Butler & Mitchell LLP
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USA
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August 29 2011

After the Federal Circuit's decision in Thereasense, Inc. v. Becton, Dickinson and Co., 2011 WL 2028255 (Fed. Cir. 2011), it appeared likely that it would be difficult, if not impossible, to proceed on an inequitable conduct claim

Medical method claims for detecting Down syndrome is patentable under Bilski but rendered anticipated and obvious by the prior art

Jeffer Mangels Butler & Mitchell LLP
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USA
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August 24 2011

In a patent dispute over a method for detecting fetal Down syndrome, the United States District Court for the District of Massachusetts invalidated the patent owner's patent because it was anticipated and obvious

The person of ordinary skill in the art may not save your patent

Jeffer Mangels Butler & Mitchell LLP
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USA
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June 8 2011

To have a valid patent, an inventor must disclose sufficient detail in the specification to enable the patent, often referred to as the enablement requirement

Are methods for medical treatments patentable? Yesas as long as they are transformative

Jeffer Mangels Butler & Mitchell LLP
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USA
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May 24 2011

After the United States Supreme Court's decision in the Bilski v. Kappos case, it became unclear whether patents purporting to protect methods for medical treatment would remain valid