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Andrews Kurth LLP Washington, DC Document Search Results (6) Sort by:  | Federal Circuit Affirms Pre-Therasense Finding of Inequitable Conduct
Frederick S. Frei; Andrews Kurth LLP;
Legal Alert/Article May 2, 2012, previously published on April 2012 In Aventis Pharma S.A. vs. Hospira Inc., Fed. Cir. App. No 2011-1018, April 9, 2012, the Federal Circuit affirmed a judgment of inequitable conduct rendered after a bench trial. Significantly, that judgment was rendered prior to the Federal Circuit’s opinion in Therasense Inc. v. Becton,...
| | A Sharply Divided En Banc Federal Circuit Decision Limits Intervening Rights To Claims Textually Modified in Reexamination
Jeff C. Dodd, Gregory L. Porter, Sean S. Wooden; Andrews Kurth LLP;
Legal Alert/Article March 22, 2012, previously published on March 21, 2012 The doctrine of intervening rights protects third parties from some infringement claims based on changes to the scope of a patent made through post-patent issuance processes (including in re-issue and re-examination proceedings). In very general terms, a third party who makes, uses, and/or sells...
| | Post-Grant Review Aspect of New Patent Law
Kelly L. Kasha, Sean S. Wooden; Andrews Kurth LLP;
Legal Alert/Article January 23, 2012, previously published on January 2012 Post-grant review provisions of the new patent law may affect a potential patent infringement defendant’s strategies in filing a declaratory judgment (DJ) action.
| | Is an Isolated DNA Patentable?
Peter Brunovskis, Ping Wang, Michael Ye; Andrews Kurth LLP;
Legal Alert/Article November 2, 2011, previously published on October 2011 Is DNA patentable? Are isolated genes representative of what the Supreme Court characterizes as patent-ineligible “products of nature”? In a much anticipated decision, the Federal Circuit recently reversed a District Court’s decision that Myriad Genetics’ composition claims...
| | Securities and Exchange Commission Adopts Large Trader Reporting Rule
Eric Marcus, Andrew M. Tucker; Andrews Kurth LLP;
Legal Alert/Article September 21, 2011, previously published on September 7, 2011 On July 26, 2011, the Securities and Exchange Commission (the “Commission”) adopted Rule 13h-1 under the Securities Exchange Act of 1934 to require certain “large traders” to identify themselves to the Commission using new Form 13H. The rule further requires large traders to...
| | Therasense Inc. v. Becton, Dickinson and Company—The Federal Circuit Tightens the Standards Necessary to Establish the Inequitable Conduct Defense by Requiring a “But-For” Showing of Materiality
Jeff C. Dodd, Frederick S. Frei; Andrews Kurth LLP;
Legal Alert/Article June 3, 2011, previously published on May 27, 2011 In Therasense Inc. v. Becton, Dickinson and Co., Appeal No. 2008-1511(May 25, 2011), an en banc Federal Circuit issued a significant ruling on the elements necessary to establish an inequitable conduct defense. The stakes for a patent owner facing a charge of inequitable conduct are high:...
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