Patent Baristas

After filing a series of five continuation-in-part (“CIP”) applications, which added new matter , a patent finally issued containing claims covering Abbott’s antibody.  Centocor then relied on the added material as evidence of written description to support later asserted claims.
The Federal Circuit poo-poohed the idea saying that PTO guidelines prevent claiming a high affinity, neutralizing, [...]

The Federal Circuit recently affirmed that an admission that an accused infringing device practices an industry standard may, without more, be the basis for a finding of infringement.  Fujitsu, LG and Philips v. Netgear, US Court of Appeals for the Federal Circuit (10-1045).
Philips asserted claims of U.S. patent no. 4,974,952, Fujitsu asserted claims from U.S. [...]

In a nonprecidential opionion, the U.S. Court of Appeals for the Federal Circuit dismissed an appeal by Biopolymer Engineering (Biothera) as moot after it appealed a District Court order granting summary judgment of noninfringement by Immunocorp and Biotec Pharmacon ASA (Biotec).  Biopolymer Engineering and MIT v. Immunocorp and Biotec Pharmacon ASA (2010-1096).
Biothera sued Biotec alleging [...]

Eli Lilly lost an appeal from a final judgment of the U.S. District Court for the Eastern District of Michigan, finding claims 2, 6, and 7 of U.S. Patent No. 5,464,826 invalid for obviousness-type double patenting over its earlier U.S. Patent No. 4,808,614.  See, Sun Pharmaceutical Industries v. Eli Lilly and Co., United States Court [...]

The Jackson Laboratory, a biomedical research institution and repository for laboratory mice, won a summary judgment of no patent infringement against The Central Institute for Experimental Animals (CIEA). CIEA, a non-profit Japanese corporation that develops animal models used for scientific research, alleged that Jackson had infringed U.S. Pat. No. No. 7,145,055 directed to the [...]

In Ariad v. Eli Lilly & Co., the Court of Appeals for the Federal Circuit set out a split decision on a case addressing patent validity and enforceability issues where Lilly contends that the asserted claims of US 6,410,516 are invalid for including non-statutory subject matter, for being obtained through [...]

A fellow patent attorney (who wishes to remain anonymous) called my attention to a recent decision issued by Judge Sue L. Robinson of the Delaware District Court.  Cancer Research Technology et al. v Barr Laboratories et al., D-Del, Civ. No. 07-457-SLR, January 26, 2010.  Download CRT v Barr.
I’m not a district court decision junkie: since [...]

Section 292 of the Patent Act provides that a person who falsely marks an unpatented article as being patented, where the false patent marking was done with an intent to deceive the public, [s]hall be fined not more than $500 for every such offense. See 35 U.S.C. § 292(a).  The statute permits a qui tam [...]