Almirall v. Amneal Pharmaceuticals – Negative Limitations II

This post gets a “Part II” designation because the Fed. Cir. clarified the support necessary to find a negative limitation in the prior art (Almirall LLC v. Amneal Pharmaceuticals LLC, Appeal No. 2020-2331 (Fed. Cir., March 14, 2022)). In my earlier post on Novartis v. Accord Heathcare, 21 F.4th 1362 (Fed. Cir. 2022), the Fed. Cir. panel addressed the question of how much support was required in the specification for an applicant to add a negative limitation to a claim, to distinguish the prior art.

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Intellectual Property in Russia

Guest Post from Thomas C. Carey | Chair, Business Practice Group, at Sunstein LLP

The Russian war on Ukraine has resulted in a series of US sanctions and Russian countermeasures that have disrupted the coordination of patent and trademark rights between the United States and Russia.

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Qualcomm v. Apple – Pyrrhic Victory for Qualcomm?

So far, it’s been a slow year for jurisprudence in the life sciences, so I thought I would take a look at the somewhat quirky decision in Qualcomm, Inc. v. Apple, Inc., Appeal nos. 2020-1558, -1559 (Fed. Cir., February 1, 2022). I won’t pretend to understand the technology in question which involves integrated circuit devices with power detection circuits for systems with multiple supply voltages. Some of the claims in Qualcomm’s patent (U.S. Pat. No. 8,063,674) had been found obvious by the Board in an IPR proceeding, based on a combination of “applicant admitted prior art” (AAPA) that was in the patent itself and a prior art patent application that was also discussed in the ‘674 patent, Majcherczak, (2002/063364). It was conceded that all the elements of the claims in question were disclosed in these two documents, and the Board treated them as “prior art consisting of patents and printed publications” and granted Apple’s petition for IPR, then found the claims obvious.

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Novartis v. Accord – No Limits on Negative Limitations?

A split panel of Judges O’Malley, Linn and Moore (dissenting) affirmed a district court ruling that the claims of U.S. Pat. No. 9,187,405 met the written description requirement (WDR) of s. 112(a). Novartis Pharmaceuticals v. Accord Healthcare Inc., Appeal No. 2021-1070 (Fed. Cir., Jan. 3, 2022). Claim 1 reads as follows:

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