ATELVIA® Patents Obvious at District Court

03.15.15 Posted in District Court Opinions by

The court therefore found clear and convincing evidence that a person of ordinary skill at the time of the invention (in 2005) would have been motivated to use EDTA in the claimed amounts with a reasonable expectation of success.


Entecavir Obvious?

03.06.15 Posted in Federal Circuit Opinions by

In this Hatch-Waxman case, Bristol-Myers Squibb, owner of the drug entecavir (sold as Baraclude®, indicated for hepatitis B (HBV) infection), sued Teva Pharmaceuticals for patent infringement. Teva responded that the patent (the only patent at issue was US5206244, priority date 10/18/1990), which claims the chemical structure of entecavir, was obvious. The district court found in […]


Megestrol Nanoparticle Formulation Claims – Not Inherently Obvious (at least not yet)

12.19.14 Posted in Federal Circuit Opinions by

in an obviousness analysis, an inherency argument has a heightened standard that must be the natural result flowing from the operation as disclosed in prior art references.


PTAB Obviousness Finding Reversed in Institut Pasteur GIIE Endonuclease Patents

01.05.14 Posted in Federal Circuit Opinions by

Contact the author: Andrew Berks Inst. Pasteur v. Focarino, No. 2012-1485 (Fed. Cir. 12/30/2013) Three patents were at issue, US6610545, US6833252, and US7309605, all based on an application originally filed 5/6/1992 and expired on 5/6/2012. The patents disclose group I intron encoded (GIIE) endonucleases. GIIE endonucleases are valuable research tools that are highly specific in selecting […]


Obviousness in view of references considered in examination – Tokai Corp. v. Easton Enterprises, Inc.

02.23.11 Posted in Federal Circuit Opinions by

Tokai owned three patents at issue, pertaining to lighters with an elongated rod, useful for lighting barbecue grills.  Easton makes competitive products. Tokai sued Easton for patent infringement. The diputed feature was a safety device requiring the user to depress a button while pulling the trigger.  Tokai Corp. v. Easton Enterprises, Inc., No. 2010-1057 (Fed. […]


Stay In Touch!
Subscribe to our Newsletter!

Enter your email address to subscribe to this blog and receive notifications of new posts by email.

Search