Patent Baristas

After Autogenomics sued Oxford Gene Technology in U.S. District Court for a declaratory judgment of invalidity and non-infringement of claims of U.S. Patent No. 6,054,270, the court dismissed for lack of personal jurisdiction. On appeal, the U.S. Court of Appeals for the Federal Circuit agreed because the district court had neither general nor specific personal […]

In Ariad v. Eli Lilly & Co. (08-1248) (a top 10 case for 2009), 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 […]

The U.S. Court of Appeals for the Federal Circuit handed Eli Lilly a victory over that Teva Pharma in upholding an extension of the statutory thirty-month stay under the Hatch-Waxman Act, thus preventing the U.S. Food and Drug Administration from finally approving Teva’s Abbreviated New Drug Application (ANDA).   Eli Lilly & Co. v. Teva Pharma […]

Professors are a dedicated lot who are, if nothing else, passionate about their work.  This is especially true of research professors who come up with the seeds of a new technology.  Universities welcome and encourage research that can be commercialized and actively engage in technology transfer to put new inventions in the hands of companies […]

Cordis and Johnson & Johnson tried to get a new trial and judgment as a matter of law (JMOL) following a jury verdict finding that they infringed Boston Scientific’s patent. Boston Scientific v. Cordis Corp. (08-1073).  The U.S. Court of Appeals for the Federal Circuit said that “because the court erred … in failing to […]

Some days, you have to ask yourself if certain patent applications are filed purely for having them rejected and, in doing so, attempting to move back the line of just what is patenable.  Such it seems with the application at hand in In re Stephen w. Comiskey (06-1286).The U.S. Court of Appeals for the Federal […]

Last month, Abbott Laboratories was sued by Bayer AG’s HealthCare unit alleging that drugmaker Abbott Laboratories’ best-selling drug, the arthritis drug Humira, infringes on a Bayer patent.  (Bayer HealthCare LLC v. Abbott Laboratories, 08cv507, U.S. District Court for the Eastern District of Texas).  Bayer claims that Humira®, a recombinant human IgG1 monoclonal antibody specific for […]

Hal Wegner, former Director of the Intellectual Property Law Program and Professor of Law, George Washington University Law School and now Partner at Foley & Lardner, updated his list of the Top 10 Patent Cases. We’ll be keeping an eye on these and more in 2009: (1)  Lucent v. Gateway:   Where indirect infringement is found, […]