Erectile Dysfunction Drug-Patent Found Obvious

BAYER PHARMA AG, v. WATSON LABS, INC.: Nov. 1, 2017. Before Lourie, Moore, and O’Malley   Takeaway: The CAFC will reverse a finding of non-obviousness where key references are missing from a district court’s opinion and mere concerns over effectiveness do not rise to the level of teaching away. Procedural Posture: Alleged …

Appeal of Discovery Order in BPCIA Patent Infringement Case Dismissed for Lack of Jurisdiction and Writ of Mandamus for Compelling Discovery Denied

AMGEN v. HOSPIRA:  August 10, 2017.  Before Dyk, Bryson and Chen.   Takeaway: The lack of immediate appeal over orders denying discovery of paragraph (l)(2)(A) information under BPCIA does not render such orders “effectively unreviewable” on appeal from a final judgment to qualify for interlocutory review. The reasonableness requirement of paragraph …

The Seventh Amendment Right to a Jury Trial Does Not Apply to Requests for Attorney’s Fees Under § 285 of the Patent Act

AIA AMERICA v. AVID RADIOPHARMACEUTICALS:  August 10, 2017.  Before Newman, Lourie, and Hughes.   Takeaway: The Seventh Amendment right to a jury trial does not apply to requests for attorney’s fees under § 285 of the Patent Act. The district court did not err by making factual findings not foreclosed by …

Chemical Compound Invention, Even if the Inherent Result of a Well-Known Process, is not Obvious if there is no Teaching or Suggestion to Make the Compound in the Prior Art

Millennium Pharmaceuticals v. Sandoz Inc., No. 2015-2066, 2016-1008, 2016-1009, 2016-1010, 2016-1109, 2016-1110, 2016-1283, 2016-1762 (Fed. Cir. July 17, 2017). Before Circuit Judges Newman, Mayer and O’Malley. Takeaway: An invention, albeit the inherent result of a well-known process, is not itself obvious if the prior art references contain no teaching or …

Stanford University’s Loss in Interferences of Three Patents Covering Testing Methods for Fetal Aneuploidies for Lack of Written Description is Vacated

The Board of Trustees of the Leland Stanford Junior University v. The Chinese University of Hong Kong, Jun. 27, 2017, Before O’Malley, Reyna, and Chen.   Takeaway: The Federal Circuit declined to reconsider its decision in Biogen MA, Inc. v. Japanese Found. for Cancer Research, 785 F.3d 648 (Fed. Cir. …