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Searching Content indexed under Litigation, Mediation & Arbitration by Shana Cyr ordered by Published Date Descending.
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When Do Collaborators Become Coinventors?
Every invention begins with an inventor, someone who birthed an idea, solved a problem, or refined an existing idea to create something new.
United States
23 Aug 2018
2
Dead Zone: Are Your Biological Products Ready For FDA's Regulatory Transition?
On March 23, 2020, hundreds of approved and pending applications for biological products will face a regulatory transition as the U.S. Food and Drug Administration (FDA) implements...
United States
6 Jun 2017
3
Dead Zone: Are Your Biological Products Ready For FDA's Regulatory Transition?
On that date, FDA will replace all approved new drug applications (NDAs) and abbreviated new drug applications (ANDAs) for biologics with biologic license applications (BLAs) or abbreviated...
United States
1 Jun 2017
4
The Ordinary Meaning Of "Connected To" Encompasses Indirect Linkages
In a recent case, the Federal Circuit reversed the SJ of noninfringement of U.S. Patent No. Re. 35,700, reversed the denial of a permanent injunction against continued infringement of U.S. Patent No. 6,944,978, and instructed the district court to enter a permanent injunction.
United States
17 Jul 2013
5
Best Mode Violation Requires Intentional Concealment
In a recent case, the Federal Circuit reversed the district court's entry of SJ of invalidity on best mode grounds, affirmed that U.S. Patent No. 5,011,339 was not abandoned, and remanded for further infringement proceedings.
United States
17 Jul 2013
6
Clinical Trials Conducted With A Reasonable Expectation Of Confidentiality Do Not Constitute Public Use Under 35 U.S.C. § 102(B)
In Dey, L.P. v. Sunovion Pharmaceuticals, Inc., No. 12-1428, the Federal Circuit reversed the district court's grant of SJ of invalidity based on prior public use and remanded the case for further proceedings.
United States
17 Jul 2013
7
Federal Subject Matter Jurisdiction Under 28 U.S.C. § 1338 Requires A "Substantial" Issue Of Patent Law
The Federal Circuit has recently vacated and remanded the district court's grant of SJ on tort law claims involving questions of patent law, because the district court lacked subject matter jurisdiction under 28 U.S.C. § 1338.
United States
16 Jul 2013
8
The Objective Prong Of The Willful Infringement Inquiry May Require Analysis By Both The Court And The Jury
In Powell v. Home Depot U.S.A., Inc., Nos. 10-1409, -1416 (Fed. Cir. Nov. 14, 2011), the Federal Circuit affirmed the district court’s denial of JMOL in favor of Home Depot U.S.A., Inc. ("Home Depot") on the issues of infringement, willfulness, and damages, and affirmed the district court’s conclusions as to claim construction, inequitable conduct, and attorneys’ fees.
United States
30 Dec 2011
9
Section 146 Establishes De Novo Review
In "Streck, Inc. v. Research & Diagnostic Systems, Inc.", No. 11-1045 (Fed. Cir. Oct. 20, 2011), the Federal Circuit affirmed the district court’s award of priority of invention to senior party, Streck, Inc. ("Streck"), in an action brought under 35 U.S.C. § 146 because the district court correctly applied the relevant procedural and substantive law, and error was not shown in the court’s factual findings and conclusions of law.
United States
7 Dec 2011
10
Prior Art Range Encompassing The Claimed Invention Creates A Rebuttable Presumption Of Obviousness
In "Tyco Healthcare Group LP v. Mutual Pharmaceutical Co.", No. 10-1513 (Fed. Cir. June 22, 2011), the Federal Circuit affirmed the district court’s SJ invalidating two claims of U.S. Patent No. 5,211,954 ("the ’954 patent") for obviousness.
United States
2 Aug 2011
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