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For purposes of determining patent term extension under 35 U.S.C 156, an enantiomer has consistently been recognized, by the FDA and the PTO, as a different “drug product” from its racemate
  • Winston & Strawn LLP
  • USA
  • May 18 2010

The patent-in-suit covered an antimicrobial compound having the common name levofloxacin, and is the levorotatory enantiomer of the racemate ofloxacin, which is a known antimicrobial product


For purposes of determining inequitable conduct, “substantive involvement” in the preparation or prosecution of a patent application means that the involvement relates to the content of the application or decisions related thereto
  • Winston & Strawn LLP
  • USA
  • May 5 2010

The patent-in-suit was directed to a multi-mode radio-frequency identification system for reading encoded biocompatible chips



Federal Circuit patent decision summaries
  • Winston & Strawn LLP
  • USA
  • November 24 2009

To be anticipatory, a prior art reference must describe, either expressly or inherently, each and every claim limitation and enable one of skill in the art to practice an embodiment of the claimed invention without undue experimentation


Novo Nordisk AS v Caraco Pharm. Labs., Ltd
  • Winston & Strawn LLP
  • USA
  • April 23 2010

The Hatch-Waxman Act only authorizes a counterclaim to correct or delete a patent number or expiration date listed in the FDA Orange Book; an ANDA defendant does not have standing to challenge any other listed information, including the use code description


SiRF Technology, Inc. v. ITC
  • Winston & Strawn LLP
  • USA
  • April 23 2010

The International Trade Commission ("ITC") issued an exclusion and cease and desist order on importation of certain Global Positioning System ("GPS") devices and products after finding that the devices and products infringed certain patents


The broadest reasonable construction of claim terms must be consistent with the specification and the claim language as read in light of the specification
  • Winston & Strawn LLP
  • USA
  • April 27 2010

The patent claimed a floor finishing material for athletic surfaces and other floors “comprising” certain elements


MBO Labs., Inc. v. Becton, Dickinson & Co
  • Winston & Strawn LLP
  • USA
  • April 23 2010

A patentee may violate the rule against recapture by claiming subject matter in a reissue patent that the patentee surrendered while prosecuting a related patent application



The standard to evaluate the sufficiency of incorporation by reference language in the patent specification is whether the identity of the incorporated reference is clear to a reasonable examiner in light of the documents presented
  • Winston & Strawn LLP
  • USA
  • April 27 2010

A patent applicant involved in a patent interference proceeding appealed a finding by the Board of Patent Appeals and Interferences (“Board”) that the claims of its present ‘880 application were unpatentable for lack of written description