Category Archives: Uncategorized

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

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

Posted in Federal Court, Patent Reform Legislation, Uncategorized | Leave a comment

Aqua Products Sinks PTAB Decision in Bosch v. Matal

The odd title of this post arose from the fact that defendant Autel U.S., Inc. chose not to appeal its IPR win against Bosch that included invalidation of the claims in suit, and the refusal of the Board to enter … Continue reading

Posted in Uncategorized | Leave a comment

Mallinckrodt v. Praxair – Innomax Method Patent Fails Alice/Mayo Test

On Tuesday, a Delaware district court judge ruled that a group of Mallinckrodt patents failed the Alice/(mostly)Mayo test as claiming a natural phenomenon. The patents are directed to a method of safely using the Innomax system, which administers nitric oxide to infants … Continue reading

Posted in Alice, Federal Court, Uncategorized | 1 Comment