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IP Intelligence: Insight on Intellectual Property Blog

Articles: 1-10 of 121

Federal Circuit Splits on Approach to Analyzing Graham Factors

USA - November 6 2017 In Merck Sharp & Dohme Corp. v. Hospira, Inc.,[1] the Federal Circuit affirmed the lower court’s ruling that the asserted claims of Merck’s U.S…

Intellectual Ventures v. Motorola: Use = Benefit for the Purposes of System Claims Infringement

USA - September 21 2017 On Sept. 13, 2017, the United States District Court for the Federal Circuit clarified the meaning of the term “use” as it applies to system claims in…

Federal Circuit’s Concern Regarding PTAB ‘Panel-Stacking’ - Back To The Future?

USA - August 29 2017 In Nidec Motor Corp. v. Zhongshan Broad Ocean Motor Co., 2017 U.S. App. LEXIS 15923, Circuit Judge Dyk, in a concurring opinion joined by Circuit…

Visual Memory v. NVIDIA: The Importance of a Robust Written Description

USA - August 17 2017 In Visual Memory v. NVIDIA (Fed. Cir. 2017), the Federal Circuit reversed the district court’s holding that Visual Memory’s U.S. Patent No. 5,953,740…

Federal Circuit Suggests Solution to Patent Owner’s Dilemma When Applicant for Biosimilar Product Refuses Discovery

USA - August 14 2017 In Amgen, Inc. v. Hospira, Inc., Appeal No. 2016-2179 (Fed. Cir. Aug. 10, 2017), the Federal Circuit suggested what an owner of a reference product…

Regeneron Pharmaceuticals, Inc. v. Merus N.V.: The Federal Circuit Revisits the Defense of Inequitable Conduct

USA - August 4 2017 In Regeneron Pharmaceuticals, Inc. v. Merus N.V., No. 2016-1346, slip op. (Fed. Cir. July 27, 2017) (hereafter, “Slip Op.”), the Federal Circuit seems…

The Federal Circuit Reverses a Hindsight Reconstruction of An Important Pharmaceutical Invention

USA - July 20 2017 In Millennium Pharmaceuticals v. Sandoz,[1] the Federal Circuit reversed the district court’s holding of obviousness of certain claims of…

“All Expenses Paid” Is No Trip to the E.D. Va. for Patent and Trademark Applicants

USA - July 18 2017 On June 23, 2017, the Federal Circuit confirmed in Nantkwest, Inc. v. Matal (No. 2016-1794) that patent applicants facing rejection from the Patent…

The Supreme Court Delivers a Win for Biosimilar Manufacturers in Sandoz v. Amgen

USA - June 28 2017 On June 12, 2017, the Supreme Court issued a unanimous opinion in Sandoz v. Amgen, interpreting key provisions of the Biologics Price Competition and…

Supreme Court Finds Lanham Act Disparagement Clause Unconstitutional Under First Amendment

USA - June 22 2017 In a victory for the Asian-American rock band The Slants, the Supreme Court ruled on June 19 that the ban on the registration of disparaging…