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Wilmer Cutler Pickering Hale and Dorr LLP | USA | 9 Nov 2021

CAFC Patent Cases, 10/20/21-11/09/21

Prost, J. This is a case about venue and pleading under the Hatch-Waxman Act. The Court affirmed a decision of the U.S. District Court for the…
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Bird & Bird LLP | European Union, Italy | 5 Oct 2021

Year in review: notable 2020 Patent Cases in Italy

The Supreme Court held that prosecution history estoppel has no legal basis in the Italian patent law system. The assessment of patent infringement…
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Shearman & Sterling LLP | USA | 9 Apr 2019

Southern District Of New York Pares Claims In Putative Class Action Against Pharmaceutical Company

On March 29, 2019, Judge J. Paul Oetken of the United States District Court for the Southern District of New York partially granted a motion to…
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Knobbe Martens | USA | 9 Apr 2019

Federal Circuit Review - March 2019

In Mylan Pharmaceuticals Inc. v. Research Corporation Tech., Appeal Nos. 2017-2088, -2089, -2091, the Federal Circuit held that a party joined to an…
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Jones Day | USA | 5 Apr 2019

Seeing Multiple: Observations from Petitioner Filing Strategies Following SAS

In April 2018, the United States Supreme Court held that the PTAB must issue a final written decision addressing every patent claim challenged in an…
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McDermott Will & Emery | USA | 28 Mar 2019

Representation of opposing party’s corporate subsidiary can cause disqualification

The US Court of Appeals for the Federal Circuit concluded that a firm's ongoing representation of the opposing parties' indirect subsidiary and…
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McDermott Will & Emery | USA | 28 Mar 2019

Mootness on appeal from PTAB

The US Court of Appeals for the Federal Circuit dismissed an appeal of an inter partes review (IPR), finding that the challenger lacked appellate…
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K&L Gates LLP | USA | 21 Mar 2019

The Federal Circuit Dismisses Biosimilar Petitioner’s IPR Appeal for Lack of Standing Due to Mootness

In Momenta Pharmaceuticals, Inc. v. Bristol-Myers Squibb Company, the Federal Circuit dismissed a biosimilar petitioner's appeal of an adverse inter…
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Miller Canfield PLC | USA | 20 Mar 2019

Patent Trial and Appeal Board Gives Green Light to Same-Party and Issue Joinder

The Patent Trial and Appeal Board ("PTAB") has issued a precedential opinion that gives a green light to same-party and issue joinder. This practice…
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Dilworth IP | USA | 19 Mar 2019

Lead Compound Analysis in Mylan v. RCT

Lead compound analysis (LCA) has been used in the evaluation of chemical compound Obviousness for the past 20 years.[1] This approach supplemented the…
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