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Searching Content indexed under Food and Drugs Law by Marshall, Gerstein & Borun LLP ordered by Published Date Descending.
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1
What Qualifies As Prior Art?
This blog has previously reported on several PTAB and Federal Circuit decisions concerning what does and does not qualify as prior art:
United States
11 Mar 2019
2
New EU Rules Will Help Generics And Biosimilars
The European Union is implementing new rules that will benefit generic pharmaceutical and biosimilar manufacturers,
European Union
11 Mar 2019
3
Supreme Court Confirms Secret Sales Can Invalidate Patents
On January 22, 2019, the Supreme Court issued a unanimous decision in Helsinn Healthcare S. A. v. Teva Pharmaceuticals USA, Inc., affirming the Federal Circuit's decision ...
United States
30 Jan 2019
4
Obviousness-Type Double Patenting Does Not Invalidate A Patent Term Extension
The Federal Circuit recently addressed the interplay between the statutory patent term extension (PTE) and the non-statutory doctrine of obviousness-type double patenting (ODP).
United States
17 Dec 2018
5
Proposed Hatch-Waxman Amendment Would Effectively Eliminate IPR Challenges By Generics
Thus, the proposed amendment arguably forces these manufacturers to pursue challenges in Hatch-Waxman litigation.
United States
7 Aug 2018
6
USPTO Memo Addresses Federal Circuit Authority On Patent Eligibility Of Some Treatment Methods
In Vanda Pharmaceuticals, Inc. v. West-Ward Pharmaceuticals, Ltd., Nos. 2016-2707, 2016-2708 (Fed. Cir. April 13, 2018), the court held that claims to methods of treatment were patent eligible.
United States
22 Jun 2018
7
Rituxan Patent Spared by Failure to Establish Product Label as "Printed Publication"
A patent relating to a method of treating rheumatoid arthritis using rituximab recently survived its fourth IPR challenge. Celltrion, Inc. v. Biogen, Inc., IPR2016-01614 (PTAB Feb. 21, 2018).
United States
26 Mar 2018
8
ODP Dooms CIP
In re Janssen Biotech, Inc., Appeal 2017-1257 (Fed. Cir. Jan. 23, 2018), is a cautionary tale concerning patents protecting a blockbuster drug providing patients an important therapy ...
United States
22 Feb 2018
9
PTAB Not Always Bound By Previous Court Decisions Regarding Patent Validity
In Novartis AG v. Noven Pharm. Inc., Appeal 2016-1678-1679 (April 2017), Novartis appealed two PTAB decisions holding claims of two patents obvious over cited prior art (IPR2014-00549 and IPR2014-00550), arguing that previous judicial holdings of non-obviousness should control the PTAB's factual findings and that the claims should have been held non-obvious
United States
4 Dec 2017
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