Category Archives: Hatch-Waxman

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Although non-precedential, Aptalis Pharmatech, Inc. v. Apotex, Inc., Appeal No. 2017-1344 (Fed.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

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

Fed. Cir. in Helsinn v. Teva Declines Limiting the Requirements of the “On Sale” Bar

In Pfaff v. Wells Electronics, 525 US 55 (1988), the Supreme Court attempted to focus the factors invoking the on-sale bar of s.102, by holding that the claimed invention must both be the subject of a “commercial sale”(including offers for … Continue reading

Posted in 102 Patentability, Hatch-Waxman, Licensing, Litigation Issues | Leave a comment

AKAMAI V – “How To” Induce Infringement of a Method of Treatment Claim

I have both been busy since the holiday season and frankly, uninspired by the case law that has appeared on the scene. Who can be enraptured by the fine points of standing when we are all speculating about whether Michelle … Continue reading

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