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Results: 1-10 of 394

Determining 'regular and established place of business' under patent venue statute
  • Fitzpatrick, Cella, Harper & Scinto
  • USA
  • October 16 2017

On September 21 2017 a Federal Circuit panel rejected an Eastern District of Texas judge's proposed four-factor test for determining whether venue


In re Aqua Products: In a Divided Decision, En Banc Federal Circuit Holds That Petitioner Must Prove All Propositions of Unpatentability, Including for Amended Claims
  • Fitzpatrick, Cella, Harper & Scinto
  • USA
  • October 5 2017

On October 4, 2017, a divided en banc Federal Circuit issued several opinions addressing the burden of proof pertaining to a motion to amend claims in


Amgen Obtains $70 Million Damages Award Against Hospira For Infringement Of Amgen’s Erythropoetin Patent
  • Fitzpatrick, Cella, Harper & Scinto
  • USA
  • September 27 2017

On September 22, 2017, a District of Delaware jury in the matter Amgen v. Hospira, 15-cv-839-RGA (D. Del.) returned a verdict awarding Amgen $70


“Regular And Established Place Of Business” Under Patent Venue Statute
  • Fitzpatrick, Cella, Harper & Scinto
  • USA
  • September 25 2017

On September 21, 2017, a Federal Circuit panel rejected an Eastern District of Texas judge's proposed four-factor test for determining whether venue


Federal Circuit rules on patent-eligible "improvement to computer functionality"
  • Fitzpatrick, Cella, Harper & Scinto
  • USA
  • September 11 2017

On August 15 2017 in a two-to-one decision in Visual Memory LLC v NVIDIA Corporation (Appeal 16-2254), the Federal Circuit reversed a district court's


Federal Circuit Holds That Memory System Patent Is Directed To Patent-Eligible “Improvement To Computer Functionality”
  • Fitzpatrick, Cella, Harper & Scinto
  • USA
  • August 15 2017

On August 15, 2017, the Federal Circuit, in a 2-1 decision in Visual Memory LLC v. NVIDIA Corporation, Appeal No. 16-2254, reversed a district court's


Supreme Court - Lanham Act disparagement clause unconstitutional
  • Fitzpatrick, Cella, Harper & Scinto
  • USA
  • July 17 2017

On June 19 2017 the Supreme Court held that the Lanham Act's disparagement clause is unconstitutional under the First Amendment's free speech clause


Biosimilar makers can give notice of commercial marketing before FDA licensure
  • Fitzpatrick, Cella, Harper & Scinto
  • USA
  • July 3 2017

In its June 12 2017 decision authored by Justice Clarence Thomas, the Supreme Court in Sandoz v Amgen ruled that, under the Biologics Price


Supreme Court Rules That Biosimilars Makers Can Give Notice Of Commercial Marketing Before FDA Licensure
  • Fitzpatrick, Cella, Harper & Scinto
  • USA
  • June 12 2017

In a June 12, 2017 decision authored by Justice Clarence Thomas, the United States Supreme Court in Sandoz v. Amgen ruled that, under the Biologics


Federal Circuit weighs tests for evaluating infringement under doctrine of equivalents
  • Fitzpatrick, Cella, Harper & Scinto
  • USA
  • June 12 2017

In its May 19 2017 panel decision in Apicore v Mylan the Federal Circuit Judges Lourie, Moore and Reyna suggested that an 'insubstantial differences'