Searching Content indexed under Intellectual Property by Nicole Clouse ordered by Published Date Descending.
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Post-Priority References Can Be Used In Context Of Obviousness Analysis
In two opinions by the same panel concerning the same three patents, the US Court of Appeals for the Federal Circuit relied in part on post-priority evidence ...
United States
4 Dec 2018
Prediction: "Plain And Ordinary Meaning" Is Not Particularly Plain Or Ordinary
The US Court of Appeals for the Federal Circuit, finding errors in claim construction, overturned a jury verdict of infringement and affirmed a district court summary judgment determination that the claims...
United States
31 Oct 2018
Judicial Economy Considerations Can Determine Whether And When A Claim Is Heard
Fresenius's patents at issue relate to formulations of levothyroxine, a hormone used to treat hypothyroidism.
United States
6 Dec 2017
No Right To A Jury For Award Of Attorneys' Fees
The patents at issue relate to genetic markers for Alzheimer's disease.
United States
3 Oct 2017
General "Desire" To Improve Can Provide Sufficient Rationale To Combine References
The Federal Circuit also rejected Ethicon's argument that Lo concerns very old, non-analogous art that has nothing to do with medical devices.
United States
8 Mar 2017
Prosecution History Disclaimer Of Claim Scope Must Be "Clear And Unambiguous" In View Of The Prosecution History As A Whole
Judge O'Malley concurred with the opinion and its reasoning, but wrote separately about a procedural issue.
United States
29 Nov 2016
Claim Construction Disputes Should Be Affirmatively And Formally Raised
According to the specification, the plasticizers may be removed prior to implantation, but do not have to be.
United States
28 Oct 2016
Once Again, Genetic Diagnostic Claims Found Unpatentable Under § 101
The Federal Circuit's decision appears to be consistent with the framework and logic set forth in Mayo, Alice and the new life sciences subject matter eligibility examples issued by the US Patent and Trademark Office.
United States
27 May 2016
Propriety Of A Certificate Of Correction Requires Assessment Of The Teachings Of The Specification As A Whole
The patent at issue relates to novel pharmaceutical formulations of daptomycin, a prior art antibiotic originally discovered by Eli Lilly in the 1980s.
United States
30 Dec 2015
A Substantially Pure Isomer Is Obvious When The Completely Pure Isomer Is Known In The Art
Many prior cases have addressed whether a pure stereoisomer is obvious when the corresponding 50/50 mixture is known in the prior art.
United States
2 Dec 2015
Supplier To ANDA Filer Is Not Liable For Induced Infringement Until After ANDA Approval
Shire markets a branded version of L-lysine-d-amphetamine dimesylate (LDX), an amphetamine useful for treatment of attention deficit hyperactivity disorder (ADHD).
United States
2 Nov 2015
Supplier To ANDA Filer Is Not Liable For Induced Infringement Until After ANDA Approval
The Federal Circuit reversed the district court's finding of induced infringement on two grounds.
United States
2 Nov 2015
The "Totality Of The Specification" Can Override A District Court’s Factual Findings
Giving little deference to the district court's factual findings, the U.S. Court of Appeals for the Federal Circuit reversed a district court's claim construction in a long-running dispute relating to a patent ...
United States
1 May 2015
PTAB Rejects Attempts To Expand The Scope Of CBM Review
Jazz’s patents at issue relate to methods of controlling access to a prescription drug which is prone to being abused.
United States
2 Mar 2015
PTAB Applies Balancing Test In Deciding Motions To Seal Evidence
Search Am., Inc. v. TransUnion Intelligence, LLC
United States
10 Dec 2014
PTAB Clarifies Permissible Use Of Documents And Evidence
In the Medtronic case, the PTAB clarified the scope of documents that a party is permitted to use when cross-examining an expert witness.
United States
10 Nov 2014
Movants Face A High Bar To Succeed On Motions To Amend
The patentee has 15 pages in which to accomplish this and may include exhibits and an expert witness declaration.
United States
8 Oct 2014
Genus Claims Require Disclosure Of "Representative Species Encompassing The Breadth Of The Genus"
AbbVie’s patent claims were drawn to human antibodies that are useful for treatment of psoriasis and rheumatoid arthritis.
United States
28 Aug 2014
Statutory Right To Appeal Does Not Bypass Article III Standing Requirements
The Court acknowledged that the inter partes reexamination statute created a procedural right to appeal.
United States
4 Aug 2014
Disclosure Of A Single Embodiment Can Provide Sufficient Written Description
The disclosure of a single embodiment falling with the scope of the claims was sufficient to show that the inventors had possession of the invention.
United States
3 Jul 2014
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