Patent Baristas

In an appeal from the USPTO Board of Patent Appeals and Interferences (Board), the U.S. Court of Appeals for the Federal Circuit (05-1119; Interference No. 103,586), in Brown et al. v. Barbacid et al., looked at an invention priority determination (interference” proceeding). In an interference between Brown and Barbacid over an assay for identifying compounds […]

Last June, we detailed that the U.S. Court of Appeals for the Federal Circuit upheld a trial court decision that three patents held by Purdue Pharma LP couldn’t be enforced because of misrepresentations to the U.S. Patent and Trademark Office about the painkiller’s effectiveness thus giving Endo Pharmaceutical Holdings Inc. the right to sell a […]

The Federal Circuit recently addressed the issue of collateral estoppel in a jury’s determination of a reasonable royalty where two infringing products were sold at different times, thus making the hypothetical royalty negotiations different. In Applied Medical Resources Corporation v. United States Surgical Corporation, the U.S. Court of Appeals for the Federal Circuit (05-1149, Jan. […]

In Fredric A. Stern v. Columbia University and Laszlo Z. Bito, the U.S. Court of Appeals for the Federal Circuit (05-1291) affirmed a District Court motion for summary judgment that Stern failed to present sufficient evidence to be added as co-inventor of U.S. Patent No. 4,599,353 (“the ’353 patent”), a patent owned by Columbia University. […]

In following the status of the reexamination request on Pfizer’s Viagra (sildenafil citrate) patent (U.S. Pat. No. 6,469,012), we find that Pfizer has filed a response to the outstanding Nonfinal Office Action. See the Nonfinal Office Action here. To recap, Pfizer filed a patent infringement lawsuit against ICOS, Lilly ICOS, and Lilly in the United […]

The U.S. Federal Trade Commission (FTC) is concerned about the recent use of anti-competitive drug patent deals in light of recent court rulings, which may spur drug companies to step up a practice of paying generic rivals to keep alternatives off the market. The FTC has filed a series of lawsuits challenging patent settlement agreements […]

In the U.S. Court of Appeals for the Federal Circuit case Perricone v. Medicis Pharm. Corp. (case 05-1022, 05-1023), decided December 20, 2005, summary judgment of invalidity and non-infringement on claims in a patent infringement case involving methods of treating sunburns and skin damage was reversed because the district court erred in its anticipation analysis […]

Ranbaxy Laboratories Ltd. agreed to settle patent litigation of the $500 million drug Provigil (modafinil) with Cephalon Inc. Under the agreement Ranbaxy can market its generic version of Provigil from October 2011, three years before the patent protection ends, on payment of royalty. Cephalon and Ranbaxy also agreed to a series of business arrangements related […]