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An Article III controversy exists where a patent holder unilaterally grants a covenant not to sue to a subsequent ANDA filer and the covenant potentially delays that filer’s market entry
  • Finnegan, Henderson, Farabow, Garrett & Dunner LLP
  • USA
  • May 30 2008

In Caraco Pharmaceutical Laboratories, Ltd. v. Forest Laboratories, Inc., No. 07-1404 (Fed. Cir. Apr. 1, 2008), the Federal Circuit reversed the district court’s dismissal for lack of Article III jurisdiction Caraco Pharmaceutical Laboratories, Ltd.’s (“Caraco”) DJ action, holding that an Article III controversy still existed between the parties despite Forest Laboratories, Inc.’s (“Forest”) unilateral grant to Caraco of a covenant not to sue for patent infringement


Suit dismissed based on prior agreements for failure to prove ownership of patents
  • Finnegan, Henderson, Farabow, Garrett & Dunner LLP
  • USA
  • January 30 2010

In Tyco Healthcare Group LP v. Ethicon Endo-Surgery, Inc., Nos. 08-1269, -1270 (Fed. Cir. Dec. 7, 2009), the Federal Circuit affirmed a dismissal without prejudice where Tyco Healthcare Group LP (“Tyco Healthcare”) had failed to prove ownership of the asserted patents and thus lacked standing to sue


Preparing your patent portfolio for follow-on biologics
  • Finnegan, Henderson, Farabow, Garrett & Dunner LLP
  • USA
  • March 29 2010

On March 23, 2010, President Obama signed into law health insurance reform legislation, H.R. 3590 , a bill which has generated enormous media coverage and publicity


Federal Circuit again orders transfer from Eastern District of Texas
  • Finnegan, Henderson, Farabow, Garrett & Dunner LLP
  • USA
  • January 29 2010

In In re Hoffmann-La Roche Inc., No. 09-M911 (Fed. Cir. Dec. 2, 2009), the Federal Circuit held that the U.S. District Court for the Eastern District of Texas clearly abused its discretion in denying the defendants’ motion to transfer venue pursuant to 28 U.S.C. 1404(a


Safe-harbor provision of 35 U.S.C. 121 applies to a divisional of a divisional - even one filed voluntarily, claiming several nonelected inventions
  • Finnegan, Henderson, Farabow, Garrett & Dunner LLP
  • USA
  • February 28 2010

In Boehringer Ingelheim International GmbH v. Barr Laboratories, Inc., No. 09-1032 (Fed. Cir. Jan. 25, 2010), the Federal Circuit reversed the district court’s finding of invalidity, holding that a retroactive terminal disclaimer cannot overcome obviousness-type double patenting


Erroneous jury instructions not grounds for overturning a verdict where jury is not prejudiced
  • Finnegan, Henderson, Farabow, Garrett & Dunner LLP
  • USA
  • February 28 2010

In Therasense, Inc. v. Becton, Dickinson & Co., Nos. 09-1008, -1009, -1010, -1034, -1035, -1036, -1037 (Fed. Cir. Jan. 25, 2010), the Federal Circuit affirmed the district court’s denial of JMOL


Federal Circuit affirms the ITC’s finding of non-infringement after construing claim term in light of specification’s figures and dictionary definitions
  • Finnegan, Henderson, Farabow, Garrett & Dunner LLP
  • USA
  • June 30 2009

In ERBE Elektromedizin GmbH v. International Trade Commission, No. 08-1358 (Fed. Cir. May 19, 2009), the Federal Circuit affirmed the ITC’s ruling in favor of Canady Technology, LLC and Canady Technology Germany GmbH (collectively “Canady”) that Canady did not infringe claims of U.S. Patent No. 5,720,745 (“the ’745 patent”


A successful invalidity defense to a preliminary injunction need only raise a substantial question of invalidity, a lower standard of proof than the clear and convincing standard required at trial
  • Finnegan, Henderson, Farabow, Garrett & Dunner LLP
  • USA
  • June 30 2009

In Altana Pharma AG v. Teva Pharmaceuticals USA, Inc., No. 08-1039 (Fed. Cir. May 14, 2009), the Federal Circuit affirmed the district court’s denial of a request by Altana Pharma AG (“Altana”) for a preliminary injunction


Comparative quantitative testing not necessary when testing provides sufficient evidence of infringement
  • Finnegan, Henderson, Farabow, Garrett & Dunner LLP
  • USA
  • December 31 2007

In In re Gabapentin Patent Litigation, No. 06- 1572 (Fed. Cir. Sept. 21, 2007), the Federal Circuit reversed the district court’s grant of SJ of noninfringement, affirmed the district court’s claim construction of disputed terms, and remanded the case for reconsideration of infringement in accordance with the opinion


Corroborating testimony and documentation was sufficient to show prior art device was on sale
  • Finnegan, Henderson, Farabow, Garrett & Dunner LLP
  • USA
  • December 31 2007

In Adenta GmbH v. OrthoArm, Inc., Nos. 06-1571, -1598 (Fed. Cir. Sept. 19, 2007), the Federal Circuit affirmed the district court’s denial of OrthoArm, Inc.’s (“OrthoArm”) motion to dismiss for lack of subject matter jurisdiction