Category Archives: Federal Court

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Although non-precedential, Aptalis Pharmatech, Inc. v. Apotex, Inc., Appeal No. 2017-1344 (Fed.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

Posted in Claim Construction, Federal Court, Hatch-Waxman | Tagged , , , | Leave a comment

The Twelve §101 Precedential Decisions of 2017

This is a guest post from the Chisum Patent Academy. In 2017, Federal Circuit panels regularly addressed attacks on software patent claims as ineligible under the Alice “abstract idea” exception. The 2017 pattern, with 8 of 10 decisions finding software … Continue reading

Posted in Alice, Federal Court | Leave a comment

Things to be Thankful for in IP Wonderland

Apart from the carnage wrought by the ever-expanding scope of s. 101 rejections and the tightening of the written description requirement, there were still a number of events/trends in 2017 to applaud or at least to note as “worthwhile.” I … Continue reading

Posted in FDA, Federal Court, Miscellaneous | Leave a comment

Ali v. Carnegie Institution of Washington – Where Did Ali Go Off the Rails?

In view of the IP hornets’ nest stirred up by Judge Bryson’s ruling in Allergan and the St. Regis Mohawk Tribe v. Teva Pharm. Inc., Case No. 2:15-cv-1455-WCB (E.D. Tex. , Oct. 16, 2017), which may or may not have … Continue reading

Posted in Federal Court, Hatch-Waxman, Litigation Issues, Post-Grant Issues, USPTO Practice and Policy | 4 Comments