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Results: 1-10 of 286

Simultaneous invention as secondary evidence of obviousness
  • Foley & Lardner LLP
  • USA
  • July 21 2015

I do not usually write about non-precedential Federal Circuit decisions, but I could not let the discussion of “simultaneous invention” in Columbia


Federal Circuit finds biosimilar patent dispute resoluation procedures optional
  • Foley & Lardner LLP
  • USA
  • July 21 2015

In Amgen v. Sandoz, a divided panel of the Federal Circuit issued its first decision interpreting the Biologics Price Competition and Innovation Act


Biosimilars can sit out patent dance, but may have to wait out second exclusivity period
  • Foley & Lardner LLP
  • USA
  • July 24 2015

In Amgen v. Sandoz, Fed. Cir., No. 15-1499 (July 21, 2015), a divided panel of the Federal Circuit issued its first decision interpreting the


Federal Circuit answers questions about covered business method review proceedings
  • Foley & Lardner LLP
  • USA
  • July 21 2015

In Versata Development Group, Inc. v. SAP America, Inc., the Federal Circuit outlined the permitted extent of judicial review of Covered Business


Federal Circuit upholds broadest reasonable interpretation in inter partes review
  • Foley & Lardner LLP
  • USA
  • July 12 2015

A divided Federal Circuit denied the petition for rehearing en banc that would have required the court to revisit its decision in In re Cuozzo Speed


Contract manufacturing makes Angiomax patents invalid under on sale bar
  • Foley & Lardner LLP
  • USA
  • July 14 2015

In The Medicines Company v. Hospira, Inc., the Federal Circuit held that a transaction with a contract manufacturer gave rise to an on sale bar that


Sanofi seeks IPR of Cabilly patent
  • Foley & Lardner LLP
  • USA
  • July 30 2015

On July 27, 2015, Sanofi-aventis U.S. LLC and Regeneron Pharmaceuticals, Inc. filed a petition for Inter Partes Review (IPR) of the “Cabilly II”


Federal Circuit upholds USPTO post-wyeth Patent Term Adjustment procedures
  • Foley & Lardner LLP
  • USA
  • July 7 2015

In Daiichi Sankyo Co. v. Lee, the Federal Circuit upheld the USPTO's post-Wyeth Patent Term Adjustment (PTA) procedures, and found that the USPTO did


Supreme Court holds a Gunn to exclusive federal court jurisdiction over patent malpractice claims
  • Foley & Lardner LLP
  • USA
  • February 28 2013

In Gunn v. Minton, the Supreme Court held that federal courts do not have exclusive jurisdiction over patent malpractice claims. Under 28 USC §


Federal Circuit says secret prior art is prior art for all purposes
  • Foley & Lardner LLP
  • USA
  • December 11 2014

In Tyco Healthcare Group LP v. Ethicon Endo-Surgery, Inc., the Federal Circuit agreed with the district court that Ethicon's prototype constituted