Chinta, Perdomo, Berks and Fratangelo LLP

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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ATELVIA® Patents Obvious at District Court

Judge Hochberg Finds Actavis’ ATELVIA® Patents Obvious In a decision issued on March 4, 2015, Judge Faith Hochberg of the New Jersey District Court found two Warner Chilcott patents covering risedronate sodium delayed release tablets, US7645459 and US7645460, obvious in...

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Defective Chain of Priority Results in Holding of Anticipation

Encyclopaedia Britannica v. Alpine Electronics of America, No. 2009-1544 (Fed. Cir. 6/18/2010).  Encylopedia Britannica (EB) owns the '018 and '437 patents, pertaining to multimedia database search system for retrieving textual and graphical information.  EB sued defendants Alpine Electronics and several...

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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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Apotex Bid to Steal Mylan Exclusivity on Benicar

In this matter, Mylan is sitting on a likely 180-day exclusivity for being the first-to-file generic for Benicar®, olmesartan medoximil. Apotex has now initiated a declaratory judgment action attempting to trigger a forfeiture event for this product. If Apotex is successful, Mylan...

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