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FDA Pre-cert Program for Lab-Developed Tests

USA - January 22 2018 The FDA may begin certifying the laboratories that produce lab-developed tests ("LDTs") instead of drafting regulatory rules to cover the tests…

Utility Patents: Another Strategy to Protect Your Beauty and Cosmetic Portfolio

USA - November 30 2020 On October 27, 2020, the District Court in the Western District of Texas issued its Final Judgment in L’Oreal USA Creative, Inc. v. Drunk Elephant…

Curtiss Dosier.

Broad Claim Language and Unpredictability in the Art Lead to Non-Enablement

USA - July 8 2019 Broad patent claims were invalid as not enabled because the relevant art was unpredictable and practicing the full scope of the claims would require…

Jeremy Anapol.

Neptune Generics, LLC, Fresenius Kabi USA, LLC v. Eli Lilly & Co.

USA - April 29 2019 Before Moore, Wallach, and Hughes. Appeal from the Patent Trial and Appeal Board Summary: Industry skepticism is a question of fact that weighs in…

Kendall Loebbaka.

Secondary Consideration of Skepticism Supports Non-Obviousness at PTAB

USA - April 29 2019 Industry skepticism is a question of fact that weighs in favor of non-obviousness and can range on a scale, with the most weight afforded to…

Kendall Loebbaka.