Patent Baristas

Exergen sued Wal-Mart, CVS, and several thermometer makers (including SAAT) for infringement of three patents covering infrared detecting thermometers. The U.S. Court of Appeals for the Federal Circuit ruled that one of the patents was invalid because it is inherently anticipated, and the other two were not infringed. See Exergen, Corp. v. Wal Mart Stores. […]

Take it for Pain. Take it for Life. ~ Bayer aspirin slogan Drospirenone is a progestin that inhibits ovulation. While known in the art, Bayer patented formulations of drospirenone, one of the active ingredients in Yasmin® a daily oral contraceptive. Now, the U.S. Court of Appeals for the Federal Circuit has ruled that the patent […]

After McNeil appealed obviousness rejections to the US Patent and Trademark Office Board of Patent Appeals and Interferences, the Board dismissed the whole business as filed in an untimely manner. McNeil took the case to the US Court of Appeals for the Federal Circuit who sided with them that the appeal was timely and the […]

In a combined proceeding in which a third person sought re-examination of an issued patent (Re-examination No. 90/005,892) and the patentee sought re-issue of the patent to broaden the claims, the United States Patent and Trademark Office’s Board of Patent Appeals and Interferences held the patent claims invalid on multiple grounds, including that they would […]

Mylan Labs cried foul after getting stuck with the tab for almost $1.3 million in translation costs by Daiichi Pharma. A district court said Mylan had to pay under 28 U.S.C. § 1920 and Federal Rule of Civil Procedure 54(d). The U.S. Court of Appeals for the Federal Circuit agreed and said pay up. Ortho-McNeil […]

Abbott is the exclusive licensee of a patent for crystalline cefdinir, which it sells under the trade name Omnicef. Unfortunately, it hasn’t been able to catch a break. In dueling district court cases, the Eastern District of Virginia granted summary judgment of noninfringement for Lupin Pharma and the Illinois District Court denied a preliminary injunction […]

After a final judgment upholding the validity of the Procter & Gamble Company U.S. Patent 5,583,122, Teva Pharmaceuticals appealed to the US United States Court of Appeals for the Federal Circuit claiming invalidity defenses of obviousness and obviousness-type double patenting.  It fell on deaf ears as the Federal Circuit affirmed the validity. P&G v. Teva […]

Altana and Wyeth were thwarted in their attempt to block Teva Pharmaceuticals from infringing U.S. Patent No. 4,758,579, directed to the compound pantoprazole, the active ingredient in Altana’s antiulcer drug Protonix®. The compound pantoprazole belongs to a class of compounds known as proton pump inhibitors (“PPIs”) that are used to treat gastric acid disorders in […]