The Court of Appeals for the Federal Circuit held that the effectiveness of the prior art is not relevant but rather whether it describes the claimed invention sufficiently to enable a person of ordinary skill in the art to carry out the invention. After Impax sued Aventis in District Court for a declaratory judgment that […]

The Supreme Court today heard oral arguments in the case of KSR International v. Teleflex. Already a group named the Coalition for Patent Fairness sent in a press release that it “welcomes” the Supreme Court review of the case of KSR International v. Teleflex. It states: “By choosing to hear this patent case, the highest […]

Earlier, the Court of Appeals for the Federal Circuit affirmed a District Court’s decision that Transkaryotic Therapies Inc. (TKT) and Aventis Pharmaceuticals Inc. infringe Amgen’s erythropoietin (EPO) patent estate. Amgen Inc., v. Hoechst Marion Roussel, Inc. (Now Aventis) and Transkaryotic Therapies, Inc., (05-1157). The court’s decision upheld the validity of two of Amgen’s EPO patents […]

Conducting a thorough IP due diligence review is a critical aspect of successful tech deals – especially in the bioscience industry. The intellectual property at issue can make or break a deal. It is imperative that you know what you have (or are getting) is the real deal. When undertaking a due diligence review during […]

The doctrine of equivalents was upheld for AstraZenaca’s patent on Propofol, used to induce and maintain general anaesthesia and sedation in patients. After the district court found Mayne had infringed AstraZeneca’s U.S. Pat. Nos. 5,714,520, 5,731,355 and 5,731,356, literally and under the doctrine of equivalents, the CAFC found that the district court erred in its […]

Ranbaxy and Teva won a victory in the U.S. Court of Appeals for the D.C. Circuit that preserved their 180-day exclusivity when patents are delisted from the FDA Orange Book. Ranbaxy et al. v. Michael O. Leavitt, Secretary of Health and Human Services et al. (06-5154). Ranbaxy and Teva had challenged the decision on the […]

A jury rejected the claims of Kourosh Dastgheib, an ophthalmologist who accused Genentech of reneging on a promise to pay him royalties from the drug in exchange for his research slides of human eye specimens. Dastgheib v. Genentech Inc., U.S. District Court, Eastern District of Pennsylvania (04CV01283). While Dastgheib’s lawyers said he was entitled to […]

If you think things are getting more expensive, it may not be your imagination. The Tufts Center for the Study of Drug Development has announced that the average cost of developing a new biotechnology product is $1.2 billion (yes, that’s with a “B”). Tufts study said the $1.2 billion estimate reflects the costs of drugs […]