Chinta, Perdomo, Berks and Fratangelo LLP

Zydus Not Infringing Lansoprazole ODT Particle Size Claim

Contact the author: Andrew Berks Takeda Pharm. Co. Ltd. v. Zydus Pharms. USA, Inc., No. 2013-1406 (Fed. Cir. 2/20/2014) This Hatch-Waxman case pertains to particle size claims for the brand name drug Prevacid® SoluTab™. The product is an orally dissolving tablet...

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Immunogen Antibody Conjugate Patent Survives IPR

  Phigenix, Inc. v. Immugen, Inc., IPR2014-00676 (PTAB 10/27/2015) This IPR involved US Patent 8,337,856, which claims antibody-toxin immunogates for the treatment of cancer. In a final written decision by the PTAB, the patent survives an IPR challenge from Phigenix. The...

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LIVE EVENTS: MANAGING RISK FOR SUCCESS

This video is being shared with the consent and permission of Mishu Music. Promoters of live events such as festivals and music performances have multiple aspects to coordinate before an event can successfully take place. Without a doubt, experienced promoters...

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Obviousness upheld: Purdue Pharma Products L.P. v. Par Pharmaceutical, Inc.

No. 2009-1553 (Fed. Cir. 6/3/2010) (non precedential). Par filed an ANDA for once daily tramadol, with PIV cert’s against two patents.  Purdue sued, and Par counterclaimed that the patents were invalid under 35 U.S.C. § 112 for lack of enablement...

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Federal Circuit Issues Two § 156 Decisions

On Monday, May 10, 2010, the Federal Circuit issued two decisions dealing with 35 U.S.C. § 156 (patent term extension to compensate for regulatory delays). In Ortho-McNeil Pharmaceutical, Inc. v. Lupin Pharmaceuticals, Inc., No. 2009-1362 (Fed. Cir. 5/10/2010) (Judges Newman,...

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Orion IP, LLC. v. Hyundai Motor Co.

U.S. Patent No. 5,367,627 is drawn to a computerized method for selecting parts, for example in an auto shop for selecting parts for repairs.  Orion IP, LLC v. Hyundai Motor Co., No. 2009-1130 (Fed. Cir. 5/17/2010). The patentee alleged that...

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DEVELOPMENTS IN OBVIOUSNESS LAW AND HOW IT COULD AFFECT YOUR INVENTION

DEVELOPMENTS IN OBVIOUSNESS LAW AND HOW IT COULD AFFECT YOUR INVENTION In the recent Acorda Therapeutics, Inc. v. Roxane Laboratories, Inc., No. 2017-2078 (Fed. Cir. Sept.10, 2018) decision, the Federal Circuit (the US appeals court for all patent cases) made...

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THE HATCH-WAXMAN ACT (SIMPLY EXPLAINED)

THE HATCH-WAXMAN ACT (SIMPLY EXPLAINED) The Hatch-Waxman Act (formally known as the Drug Price Competition and Patent Term Restoration Act) is a law passed in 1984 that created the generic drug industry as we know it today in the United...

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Means-plus-function claims – indefinite because of insufficient structure in the specification

Contact the author: Andrew Berks Robert Bosch, LLC v. Snap-On, Inc., No. 2014-1040 (Fed. Cir. 10/14/2014). The Federal Circuit panel, (Prost, Taranto, and Hughes) outlines a two-step framework for determining if a claim invokes 35 U.S.C. § 112(f) (formerly (formerly 112 ¶ 6)....

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Means-Plus-Function Software Claims Must Have an Underlying Algorithm

All claims in EON's patent were found to be invalid because means-plus-function claims describing complex computer functionality are indefinite without algorithms to provide structure to the claims. Eon Corp. IP Holding LLC v. AT&T Mobility LLC, No. 2014-1392 (Fed. Cir. 5/6/2015). EON owns...

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Centocor human antibody claims invalidated for lack of written description

Centocor Ortho Biotech Inc. v. Abbott Labs., No. 2010-1144 (Fed. Cir. 2/23/2011) (opinion by Prost). Centocor sued Abbott for patent infringement alleging that Abbott’s Humira® antibody infringes US Patent No. 7,070,775. The jury rejected Abbott's  defense that the asserted claims were invalid,...

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