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Searching Content indexed under Constitutional & Administrative Law by Finnegan, Henderson, Farabow, Garrett & Dunner, LLP ordered by Published Date Descending.
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1
Spotlight On Upcoming Oral Arguments – March 2019
In this appeal, the Federal Circuit has been asked to consider the constitutionality of IPR's when applied to patents that issued after enactment, but before the effective date ...
United States
12 Mar 2019
3
A Review Of The Most Popular Posts From 2018
Having said goodbye to 2018 a week ago, we thought we would take a look back at the most popular posts from the year.
United States
11 Jan 2019
4
December Brexit Update: Trade Marks And Designs
As the level of uncertainty over Brexit continues to be high, as a precautionary measure it is recommended that proprietors seeking trade mark and design protection in both the UK and the EU file
European Union
21 Dec 2018
5
Podcast Series: Last Month At The Federal Circuit - August 2018
In this podcast, Finnegan partner Mike Jakes discusses recent developments in Saint Regis Mohawk Tribe v. Mylan Pharmaceuticals and NantKwest v. Iancu.
United States
9 Sep 2018
6
Oil States Paves Way For More IPR Filings, But Leaves Some Uncertainty
On April 24, the U.S. Supreme Court issued its highly anticipated decision in Oil States Energy Services v. Greene's Energy Group, 138 S. Ct. 1365 (2018), holding that inter partes review proceedings ...
United States
4 Sep 2018
7
IPRs Are Constitutional! No Violation Of Article III Or Right To A Jury
In MCM Portfolio v. Hewlett-Packard, No. 2015-1091 (Fed. Cir. Dec. 2, 2015), the Federal Circuit held that an inter partes review (IPR) does not violate Article III or the Seventh Amendment.
United States
10 Dec 2015
8
Last Month at the Federal Circuit - February 2010
In Koninklijke Philips Electronics N.V. v. Cardiac Science Operating Co., No. 09-1241 (Fed. Cir. Jan. 5, 2010), the Federal Circuit reversed the district court’s sua sponte dismissal of Koninklijke Philips Electronics N.V.’s ("Philips") suit seeking to overturn the Board’s cancellation of all patent claims in an interference proceeding.
United States
 
3 Mar 2010
9
Last Month At The Federal Circuit - October, 2009
In Martek Biosciences Corp. v. Nutrinova, Inc., Nos. 08-1459, -1476 (Fed. Cir. Sept. 3, 2009), the Federal Circuit affi rmed the district court’s denial of JMOL that the claims of Martek Biosciences Corp.’s ("Martek") U.S. Patent No. 5,340,594 ("the ’594 patent") were invalid and that Nutrinova, Inc., Nutrinova Nutrition Specialties and Food Ingredients GmbH, and Lonza, Ltd. (collectively "Lonza") did not infringe claims of U.S. Patent No. 6,410,281 ("the ’281 patent").
United States
 
3 Nov 2009
10
Last Month At The Federal Circuit - August, 2009
In University of Pittsburgh v. Hedrick, No. 08-1468 (Fed. Cir. July 23, 2009), the Federal Circuit affi rmed the district court’s ruling that University of Pittsburgh (“Pittsburgh”) researchers completed conception of the claimed invention before defendant researchers contributed their efforts.
United States
 
8 Sep 2009
11
Last Month At The Federal Circuit - July, 2009
In Agilent Technologies, Inc. v. Affymetrix, Inc., No. 08-1466 (Fed. Cir. June 4, 2009), the Federal Circuit reversed the district court's affirmance of a Board decision awarding priority to Affymetrix, Inc. for claims covering techniques for performing millions of genetic analyses on a small fluid sample.
United States
 
21 Aug 2009
12
To Be Patentable Under § 101, A Process Must Be Tied To A Machine Or Transform An Article Into A Different State Or Thing
In In re Bilski, No. 07-1130 (Fed. Cir. Oct. 30, 2008) (en banc), the Federal Circuit affirmed the decision of the Board, finding that the method claims in Bernard L. Bilski and Rand A. Warsaw's (collectively "Bilski") patent application were not directed to statutory subject matter under 35 U.S.C. § 101.
United States
10 Nov 2008
13
The First Paragraph IV ANDA Filer´s Potential Delay In Launching Generic Product Does Not Create DJ Jurisdiction For Subsequent ANDA Filer
In Janssen Pharmaceutica, N.V. v. Apotex, Inc., No. 08-1062 (Fed. Cir. Sept. 4, 2008), the Federal Circuit affirmed the district court's dismissal of Apotex, Inc.'s ("Apotex") DJ suit in favor of Janssen Phamaceutica, N.V. and Janssen, L.P. (collectively "Janssen").
United States
10 Nov 2008
14
State Law Tortious Interference Claim Was Preempted By Federal Patent Laws Because The Claimant Could Not Show That The Patentee Acted In Bad Faith In Enforcing Its Patents
In 800 Adept, Inc. v. Murex Securities, Ltd., Nos. 07-1272, -1356 (Fed. Cir. Aug. 29, 2008), the Federal Circuit reversed the district court's judgment of infringement with respect to certain patents, vacated its infringement damages award and permanent injunction, and vacated its judgment with respect to willfulness and attorneys' fees.
United States
1 Oct 2008
15
The Elevated Standard Of Proof In The Inequitable Conduct Context Remains Paramount
In Star Scientific, Inc. v. R.J. Reynolds Tobacco Co., No. 07-1448 (Fed. Cir. Aug. 25, 2008), the Federal Circuit reversed the district court's finding that U.S. Patent Nos. 6,202,649 ("the '649 patent") and 6,425,401 ("the '401 patent") are unenforceable due to inequitable conduct.
United States
1 Oct 2008
16
The District Court Improperly Read Into The Claims A Limitation Not Required By The Intrinsic Evidence And Improperly Concluded That Expeditious Effort To Terminate Infringing Activities Excused Liability For Infringement
In DSW, Inc. v. Shoe Pavilion, Inc., No. 08-1085 (Fed. Cir. Aug. 19, 2008), the Federal Circuit vacated the district court's grant of SJ of no infringement, finding that the district court erred in construing the claims, and remanded.
United States
30 Sep 2008
17
Evidence Not Cited In Connection With SJ Motion Also Not Considered On Appeal
In In re Cygnus Telecommunications Technology, LLC, Nos. 07-1328, -1329, -1330, -1331, -1332, -1333, -1354, -1361 (Fed. Cir. Aug. 19, 2008), the Federal Circuit affirmed a grant of SJ of invalidity under the on-sale bar of 35 U.S.C. § 102(b), in favor of Telesys Communications, LLC and seven other defendants (collectively "the Telesys defendants"), as well as AT&T Corp. ("AT&T").
United States
30 Sep 2008
18
Court Upholds Findings Of Infringement And Validity For Prilosec Patents
The patents-at-issue are U.S. Patent Nos. 4,786,505 ("the '505 patent") and 4,853,230 ("the '230 patent"), relating to pharmaceutical preparations containing omeprazole, the active ingredient in Prilosec, which inhibits gastric acid secretion.
United States
30 Sep 2008
19
"Reasonable Apprehension Of Suit" Test Revived As One Of Several Ways To Establish DJ Jurisdiction
In Prasco, LLC v. Medicis Pharmaceutical Corp., No. 07-1524 (Fed. Cir. Aug. 15, 2008), the Federal Circuit affirmed the district court's dismissal of Prasco, LLC's ("Prasco") DJ action, holding that Prasco's complaint failed to establish a case or controversy under Article III of the U.S. Constitution.
United States
29 Sep 2008
20
PTO´s Interpretation That "Original Application" As Used In The Inter Partes Reexamination Statute Includes Continuation Applications Filed After November 29, 1999, Is Reasonable
In Cooper Technologies Co. v. Dudas, No. 08-1130 (Fed. Cir. Aug. 19, 2008), the Federal Circuit affirmed the district court's grant of SJ to the PTO, rejecting a challenge to an inter partes reexamination.
United States
29 Sep 2008
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