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Courtenay C. Brinckerhoff Document Search Results (97)

 

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HTMLCourt Finds Patent Indefiniteness In Unobtrusive Claims
Courtenay C. Brinckerhoff; Foley & Lardner LLP;
Legal Alert/Article
September 17, 2014, previously published on September 15, 2014
In Interval Licensing LLC v. AOL, Inc., the Federal Circuit applied the test for patent indefiniteness set forth in the recent Supreme Court decision in Nautilus, Inc. v. Biosig Instruments, and found that claims reciting an “unobtrusive” display were invalid. In so doing, the Federal...

 

HTMLAustralia Upholds Patent Eligibility of Isolated DNA
Courtenay C. Brinckerhoff; Foley & Lardner LLP;
Legal Alert/Article
September 12, 2014, previously published on September 8, 2014
The Full Federal Court of Australia affirmed that isolated nucleic acids, i.e. whether it be DNA or RNA, are patentable subject matter in Australia. While an appeal to the High Court of Australia may be possible, absent an appeal, isolated nucleic acids will remain patentable subject matter, unless...

 

HTMLFederal Circuit Finds Apotex ANDAs Do Not Infringe Lysteda Patents
Courtenay C. Brinckerhoff; Foley & Lardner LLP;
Legal Alert/Article
September 4, 2014, previously published on September 2, 2014
In two decisions issued under the same name (Ferring B.V. v. Watson Laboratories, Inc.), the Federal Circuit upheld the validity of the Orange Book-listed patents for Lysteda®, but found that they were not infringed by either Apotex’s or Watson’s Abbreviated New Drug Applications...

 

HTMLHumira Patent Invalid for Obviousness Type Double Patenting
Courtenay C. Brinckerhoff; Foley & Lardner LLP;
Legal Alert/Article
September 2, 2014, previously published on August 25, 2014
In AbbVie Inc. v. Kennedy Institute of Rheumatology Trust, the Federal Circuit affirmed the district court's finding that a second patent covering AbbVie's Humira product is invalid under the doctrine of obviousness-type double patenting. The decision reaffirms the court's stance in Gilead that the...

 

HTMLFederal Circuit Upholds Validity of Lysteda Patents
Courtenay C. Brinckerhoff; Foley & Lardner LLP;
Legal Alert/Article
August 29, 2014, previously published on August 28, 2014
In two decisions issued under the same name (Ferring B.V. v. Watson Laboratories, Inc.), the Federal Circuit upheld the validity of the Orange Book-listed patents for Lysteda®, but found that they were not infringed by either Apotex’s or Watson’s Abbreviated New Drug Applications...

 

HTMLAiring the USPTO's Naturally Occurring Dirty Laundry — the Subject Matter Eligibility Stain
Courtenay C. Brinckerhoff; Foley & Lardner LLP;
Legal Alert/Article
August 27, 2014, previously published on August 21, 2014
It has been five months since the USPTO issued its Guidance For Determining Subject Matter Eligibility Of Claims Reciting Or Involving Laws of Nature, Natural Phenomena, & Natural Products to aid examiners in applying the principles of Myriad and Prometheus to any claim “reciting or...

 

HTMLFederal Circuit Upholds Inequitable Conduct Defense Against Apotex Patent
Courtenay C. Brinckerhoff; Foley & Lardner LLP;
Legal Alert/Article
August 22, 2014, previously published on August 18, 2014
In Apotex Inc. v. UCB, Inc., the Federal Circuit upheld the district court’s finding that Apotex’s patent is unenforceable due to inequitable conduct. While affirming on the ground of “but-for materiality,” the Federal Circuit noted that the inventor’s conduct...

 

HTMLFirst Post Grant Review Petition Shows That Amending Claims Is Not Child's Play
Courtenay C. Brinckerhoff; Foley & Lardner LLP;
Legal Alert/Article
August 12, 2014, previously published on August 11, 2014
The first Post Grant Review petition visible to the public was filed August 5, 2014, against U.S. Patent 8,684,420. The patent was granted from an application filed July 26, 2013, but claims priority through a series of continuation applications to an application filed September 8, 2011, and to a...

 

HTMLFederal Circuit Finds That FDA Citizen Petition Could Give Rise to Antitrust Liability
Courtenay C. Brinckerhoff; Foley & Lardner LLP;
Legal Alert/Article
August 11, 2014, previously published on August 7, 2014
In Tyco Healthcare Group LP v. Mutual Pharmaceutical Co., Inc., the Federal Circuit remanded-in-part for the district court to determine whether Tyco’s citizen petition to the FDA gave rise to antitrust liability. Judge Newman wrote a dissenting opinion warning against the chilling effect...

 

HTMLVisiting the USPTO Without a REAL ID
Courtenay C. Brinckerhoff; Foley & Lardner LLP;
Legal Alert/Article
August 7, 2014, previously published on August 5, 2014
As announced on the “USPTO Locations” page of its website, the USPTO has implemented a new policy for members of the public visiting the USPTO relating to the REAL ID Act. Under the REAL ID Act, the USPTO may no longer accept driver’s licenses from certain states and instead will...

 


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