Patent Baristas

The Court of Appeals for the Federal Circuit held that the effectiveness of the prior art is not relevant but rather whether it describes the claimed invention sufficiently to enable a person of ordinary skill in the art to carry out the invention. After Impax sued Aventis in District Court for a declaratory judgment that […]

The Supreme Court today heard oral arguments in the case of KSR International v. Teleflex. Already a group named the Coalition for Patent Fairness sent in a press release that it “welcomes” the Supreme Court review of the case of KSR International v. Teleflex. It states: “By choosing to hear this patent case, the highest […]

Earlier, the Court of Appeals for the Federal Circuit affirmed a District Court’s decision that Transkaryotic Therapies Inc. (TKT) and Aventis Pharmaceuticals Inc. infringe Amgen’s erythropoietin (EPO) patent estate. Amgen Inc., v. Hoechst Marion Roussel, Inc. (Now Aventis) and Transkaryotic Therapies, Inc., (05-1157). The court’s decision upheld the validity of two of Amgen’s EPO patents […]

The doctrine of equivalents was upheld for AstraZenaca’s patent on Propofol, used to induce and maintain general anaesthesia and sedation in patients. After the district court found Mayne had infringed AstraZeneca’s U.S. Pat. Nos. 5,714,520, 5,731,355 and 5,731,356, literally and under the doctrine of equivalents, the CAFC found that the district court erred in its […]

The U.S. Court of Appeals for the Federal Circuit again hammers home the message that you can’t make a silk purse from a sow’s ear – or, at the very least, you can’t turn a known compound into an unknown (novel and, therefore, patentable) compound. In Abbott Laboratories v. Baxter Pharmaceutical Products (Fed. Cir. 06-1021, […]

In Go Medical v. Inmed Corp, the Federal Circuit reviewed the decision of the US District Court for the Northern District of Georgia concerning patent invalidity, trademark infringement and damages awards related to licensing of a patented catheter. The urinary catheter had been licensed to Medical Marketing Group (MMG) by Go Medical. The Federal Circuit, […]

After a jury determined that Stratagene infringed on Invitrogen’s U.S. Patent No. 4,981,797 by making and selling its competent E. coli cell products (see earlier note), the court has now entered judgment awarding Invitrogen $16.2 million plus prejudgment interest, as well as reasonable attorney fees to be determined by the court. The judgment included a […]

In Pfizer v. Mylan Labs (02cv1628) a patent infringement action was brought by Pfizer under U.S. Pat. Nos. 4,572,909 and 4,879,303, which cover an amlodipine besylate product sold under the trade name Norvasc®. Mylan filed an Abbreviated New Drug Application (“ANDA”) for approval to sell generic amlodipine besylate. Mylan certified pursuant to 21 C.F.R. 314.94(a)(12)(i)(A)(4) […]