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CAFC Blog (www.cafcblog.com), an Andrews Kurth Kenyon LLP resource, keeps practitioners up-to-date on the most recent IP decisions from the U.S. Court of Appeals for the Federal Circuit. About Andrews Kurth Kenyon LLP For more than...
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The contributors to this blog are Andrews Kurth Kenyon Intellectual Property attorneys from throughout the country. Their backgrounds and areas of concentration allow them to provide comprehensive analyses of recent Federal Circuit Court opinions.  ...

Federal Circuit Affirms the PTAB’s Decision Finding the Patent Claims Unpatentable as Obvious Where the Patent Owner Did Not Demonstrate that the Board Violated the Administrative Procedure Act Requirements of Notice and an Opportunity to Respond

NOVARTIS AG, MITSUBISHI PHARMA CORP., v. TORRENT PHARM. LTD.:  April 12, 2017. Before Taranto, Chen, and Stoll. (precedential). Takeaways: The Patent Trial and Appeal Board did not violate the requirements of notice and an opportunity to respond found in the Administrative Procedure Act when it relied on a prior art …

Summary Judgment of Infringement is Vacated Because the Defendant’s ANDA Did Not Meet the “Efficient Mixing” of the Asserted Claims

THE MEDICINES COMPANY v. MYLAN: Apr. 6, 2017. Before Dyk, Wallach, Hughes Takeaways: In ANDA case, the CAFC interprets batching limitation to require specific efficient mixing conditions, and reverses the district court’s finding of infringement based on this claim construction. Procedural Posture: The N.D. Ill. Held on summary judgment that …

Board’s Finding of Obviousness Upheld Despite that Prior District Court Found the Claims Non-Obvious

NOVARTIS AG, LTS LOHMANN THERAPIESYSTEME AG, v. NOVEN PHARMACEUTICALS INC.,: Apr. 4, 2017. Before Prost, Wallach, and Stoll Takeaways: Because of the different burdens, the PTAB may properly reach a different IPR conclusion than a prior district court based on the same evidence. Chemical claims are obvious where a skilled …

Reference is not Anticipatory Where the Reference’s Disclosure of a Genus Does Not Disclose with Sufficient Particularity the Species in the Claim

WASICA FINANCE v. CONTINENTAL AUTOMOTIVE SYSTEMS: Apr. 4, 2017. Before Prost, Schall, and Chen. Takeaways: Claim not anticipated because the reference’s broad disclosure of a genus didn’t disclose with sufficient particularity the species in the claim. Procedural Posture: At the PTAB, the Board found certain claims unpatentable as anticipated or …

CAFC Upholds Reasonable Royalty, and Upholds Injunction Against a Party Not Adjudged Liable

ASETEK DANMARK A/S v. CMI USA INC: Apr. 3, 2017. Before Prost, Newman, and Taranto Takeaways: In calculating a reasonable royalty, the district court may rely on the patentee’s per-unit profits. Dismissing claims with prejudice against a defendant does not preclude a district court from subjecting the defendant to an …

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