The Federal Circuit invalidated OxyContin-related patent claims because the applicant added a specific plasma concentration ratio during prosecution that had not been disclosed in the original filing, violating the written description requirement of § 112.
The Federal Circuit affirmed infringement of a process patent covering genetically engineered bacteria for producing the amino acid threonine, holding that importing bacteria manufactured abroad using the patented method constitutes infringement under 35 U.S.C. § 271(g) even when the manufacturing w
The Federal Circuit vacated a TTAB opposition ruling, holding that the Board improperly analyzed likelihood of confusion by focusing only on the “Packard” component of HEWLETT-PACKARD rather than considering the marks in their entireties, and failed to apply the correct legal test for th
The Federal Circuit affirmed non-infringement, holding that Amgen’s synthetic consensus interferon-alpha (INFERGEN) did not infringe Schering’s recombinant DNA patents because it duplicated no natural interferon subtype and therefore did not use the patented recombinant DNA methods to pr
The Federal Circuit reversed a finding of priority in favor of Genentech, holding that reduction to practice of a recombinant protein invention requires the inventors themselves — not a third party — to recognize the utility of what they have made.
The Federal Circuit held that the common-law experimental use exception to patent infringement is narrow and does not protect activities performed with a commercial purpose, even if the infringer never ultimately sold the infringing product.
The Federal Circuit held that the “offer to sell” prong of patent infringement under § 271(a) requires the offer to be made within the United States, and does not extend to offers made abroad for products to be assembled and used abroad.
The Federal Circuit held that the TTAB failed to give proper weight to the fame of the FRITO-LAY trademark when finding no likelihood of confusion with the mark FIDO LAY for dog treats, establishing that famous marks deserve full weight in the multi-factor Dupont analysis.
The Federal Circuit affirmed summary judgment of non-infringement in an ANDA patent case, holding that Bayer’s repeated prosecution statements characterizing its claimed nifedipine crystal surface area range as ‘special’ and producing ‘superior’ performance created a cl
The Federal Circuit affirmed invalidity of a lacrosse stick patent under the on-sale bar of § 102(b), holding that subjective uncertainty about whether a commercially sold product possessed claimed performance characteristics cannot serve as an escape from the bar — if the product was ready for pate