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CAFC Finds Harmless Error in USPTO Reliance On Doctrine of Inherency
  • Foley & Lardner LLP
  • USA
  • September 12 2017

In Southwire Co. v. Cerro Wire LLC, the Federal Circuit upheld the USPTO decision rendered in an inter partes reexamination proceeding that found


CAFC Vacates USPTO Single Reference Obviousness Rejection For Inadequate Showing Of Expectation of Success
  • Foley & Lardner LLP
  • USA
  • August 29 2017

In a split decision with Judge Lourie dissenting, the Federal Circuit vacated an obviousness rejection that had been affirmed in an ex parte appeal to


Federal Circuit Finds "Consisting Of" Requires Reversing Infringement Of Shire Lialda Patent
  • Foley & Lardner LLP
  • USA
  • February 14 2017

The Federal Circuit focused on the “consisting of” language in the claims at issue when it reversed the district court’s finding that Watson’s ANDA


Federal Circuit Criticizes PTAB Reliance On Routine Testing
  • Foley & Lardner LLP
  • USA
  • August 15 2017

In Honeywell International, Inc. v. Mexichem Amanco Holdings S.A. DE C.V., the Federal Circuit vacated the decision of the USPTO Patent Trial and


Court Invalidates Improper Multiple Dependent Claims
  • Foley & Lardner LLP
  • USA
  • June 30 2016

In Trustees of the University of Pennsylvania v. Eli Lilly and Co., the U.S. District Court for the Eastern District of Pennsylvania refused to


No Nexus For Novartis Gilenya Patent
  • Foley & Lardner LLP
  • USA
  • April 25 2017

In Novartis AG v. Torrent Pharmaceuticals Ltd., the Federal Circuit affirmed the decision of the USPTO Patent Trial and Appeal Board (PTAB


Federal Circuit Finds Velcade Patent Not Obvious Under Lead Compound Analysis
  • Foley & Lardner LLP
  • USA
  • July 25 2017

In Millennium Pharmaceuticals, Inc. v. Sandoz, the Federal Circuit reversed the district court decision that invalidated one of the Orange


A Look At The USPTO Patent Eligible Subject Matter Report
  • Foley & Lardner LLP
  • USA
  • August 8 2017

On July 24, 2017, the USPTO issued a 48-page report on Patent Eligible Subject Matter. The report summarizes key court decisions interpreting and


Federal Circuit uses dependent claims to construe “therapeutically effective amount”
  • Foley & Lardner LLP
  • USA
  • August 13 2012

In Alcon Research, Ltd. v. Apotex Inc., the Federal Circuit held that most claims of Alcon’s patent were obvious in view of prior art that suggested the use of the recited active agent to treat the recited condition, but not by the recited mechanism of action, because the prior art used a concentration of active agent that overlapped with the concentration recited in several dependent claims


PTAB Puts Method Of Treatment Patents Under The 101 Knife
  • Foley & Lardner LLP
  • USA
  • February 28 2017

While the Supreme Court decisions in Myriad and Mayo have been applied to diagnostic-type claims, method of treatment patents were thought to be safe