Category Archives: Federal Court

Fed. Cir. Affirms Unclean Hands Defense in Gilead v. Merck

On April 25th, a Fed. Cir. panel of Judges Taranto, Clevenger and Chen affirmed the unenforceability of two Merck patents covering a drug presently marketed as Sovaldi(r) to treat hepatitis C, sofosbuvir. Gilead Sciences, Inc. v. Merck & Co., Appeal … Continue reading

Posted in Federal Court, Litigation Issues, Uncategorized | Tagged , , , , , , | 1 Comment

Supreme Court Decides Oil States – Inter Partes Review Does Not Violate Article III or the 7th Amendment

The Supreme Court issued its long-awaited opinion in Oil States Energy Services v. Greene’s Energy Group, Appeal No. 16-712 (April 24, 2018), holding 7/2 that inter parties review was an appropriate exercise of the power of Congress to assign adjudication … Continue reading

Posted in Alice, Federal Court, Patent Reform Legislation, Post-Grant Issues, Post-issuance procedures, PTAB | Tagged , , , , | 1 Comment

Highlights of the April 2018 Annual Update

The following are highlights of the April 2018 Annual Update from Don Chisum and Janice Mueller at the Chisum Patent Academy. • Heavily expanded analysis of the patent-specific venue statute, 28 U.S.C. §1400(b), revitalized after 27 years of dormancy by … Continue reading

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Aptalis Fails to “Surround’ Apotex’s Generic ER Tablet

Although non-precedential, Aptalis Pharmatech, Inc. v. Apotex, Inc., Appeal No. 2017-1344 (Fed. Cir., January 4, 2018) provides a useful outline of Phillips-type claim construction and requires a close reading to see why the infringement finding by the district court was … Continue reading

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