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CAFC Affirms Finacea Gel Infringement Under Doctrine Of Equivalents
  • Foley & Lardner LLP
  • USA
  • May 24 2016

In Intendis GmbH v. Glenmark Pharmaceuticals Inc., USA, the Federal Circuit affirmed the district court decision that found infringement under the


Methods Exploiting Junk DNA May Be Useful But Lack Patent Eligibility
  • Foley & Lardner LLP
  • USA
  • April 11 2016

Striking another blow against patent eligibility in the field of biotechnology, the Federal Circuit agreed with the district court that methods that


District Court Applies Mayo To Treatment Claims But Denies Motion To Dismiss BMS Keytruda Litigation
  • Foley & Lardner LLP
  • USA
  • May 3 2016

The U.S. District Court for the District of Delaware accepted Merck's arguments that method of treatment patents asserted by BMS against its Keytruda


New USPTO Guidance On Patent Eligibility Of Diagnostic Methods
  • Foley & Lardner LLP
  • USA
  • May 9 2016

The patent eligibility examples published by the USPTO on May 5, 2016 include two new examples relating to diagnostic methods and two new examples


Amgen And Sandoz Do The Biosimilar Patent Dance Over Neulasta
  • Foley & Lardner LLP
  • USA
  • May 17 2016

Amgen Inc. has filed a complaint under the Biologics Price Competition and Innovation Act (BPCIA), asserting that a biosimilar application filed by


Remicade Biosimilar Closer To Approval, But Patent Dance Goes On
  • Foley & Lardner LLP
  • USA
  • February 11 2016

Celltrion’s biosimilar version of Janssen’s Remicade (infliximab) product cleared a significant regulatory hurdle on February 9, 2016, when the Food


Federal Circuit affirms validity of Tarka patent on combination pharmaceutical product
  • Foley & Lardner LLP
  • USA
  • May 1 2014

The Federal Circuit decision in Sanofi-Aventis Deutschland GmbH v. Glenmark Pharmaceuticals Inc., USA, addresses several interesting issues, but is


Will the Federal Circuit Invalidate 13,500 Continuation Patents?
  • Foley & Lardner LLP
  • USA
  • April 5 2016

The Federal Circuit is set to hear oral arguments in Immersion Corp. v. HTC Corp. on May 6, 2016. According to the amicus brief filed on behalf of


Federal Circuit finds Lunesta patent infringement based on ANDA product description not avoided by other certifications
  • Foley & Lardner LLP
  • USA
  • October 1 2013

In Sunovion Pharmaceuticals, Inc. v. Teva Pharmaceuticals USA, Inc., the Federal Circuit reversed the district's holding of no Lunesta patent


District court invalidates USPTO interpretation of patent term adjustment RCE carve-out
  • Foley & Lardner LLP
  • USA
  • November 5 2012

In a decision issued November 1, 2012 in Exelixis, Inc. v. Kappos, the U.S. District Court for the Eastern District of Virginia has found that the USPTO’s interpretation and application of the “RCE carve-out” provision of the Patent Term Adjustment (PTA) statute is contrary to law