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Home » Topics » Regulatory » Courts

Courts
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Deal handshake and arrows sketch on chalkboard

Edwards, Abbott enter settlement to wrap up patent litigation

July 14, 2020
By Liz Hollis
Ongoing litigation between rivals Edwards Lifesciences Corp. and Abbott Laboratories is over, with the two settling all outstanding patent disputes in cases related to transcatheter mitral and tricuspid repair products. Details of the settlement remain confidential.
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Life ring buoy floating in water

Court approves first step in Endologix reorganization, agreement with Deerfield Partners to take company private

July 7, 2020
By Annette Boyle
On Tuesday, July 7, Judge Stacey Jernigan of the U.S. Bankruptcy Court in Dallas ruled that Endologix Inc. could take an initial draw of $10 million from a Chapter 11 loan from its largest lender, Deerfield Partners. A day earlier, Endologix filed a voluntary Chapter 11 case and a consensual plan of reorganization supported by Deerfield.
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Gavel and scales

SCOTUS passes on three IPR petitions for cert, but Arthrex petition still in play

June 24, 2020
By Mark McCarty
The Supreme Court has declined to hear three cases that questioned the inter partes review (IPR) process for patent litigation, although the petition for cert for the Arthrex Inc. v. Smith & Nephew Inc.; Arthrocare Corp.; and the United States of America case is still pending. Should the Supreme Court pass on Arthrex, the remaining affected IPR cases will have to be relitigated at the Patent Trial and Appeal Board (PTAB), which may give those patent holders another chance to restore their patents.
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Biogen slips as top-selling Tecfidera takes a patent hit

June 18, 2020
By Jennifer Boggs
The U.S. District Court for the Northern District of West Virginia ruled against Biogen Inc., of Cambridge, Mass., and in favor of Mylan NV, of Hertfordshire, U.K., in a patent dispute regarding Biogen’s blockbuster multiple sclerosis drug, Tecfidera (dimethyl fumarate).
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Patent law book and gavel

Merck unable to make written description argument in patent dispute with Microspherix

June 11, 2020
By Mark McCarty
The patent lawsuit between Merck & Co. and Microspherix LLC began when the latter sued Merck for infringement of patents for brachytherapy in Merck’s implantable contraceptive device, but Merck was unable to prevail in an inter partes review (IRP) or in an appeal of the IPR at the Court of Appeals for the Federal Circuit. After wading through questions about purported prior art, Merck failed to persuade the two courts that Microspherix’s non-provisional filing had strayed too far from the written description of the related provisional, thus handing Microspherix a win against its much larger rival in the market for drug delivery with microspheres.
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Architectural pillars

Presumption in favor of petitioner seen as most critical piece of PTO response to SAS v. Iancu

May 29, 2020
By Mark McCarty
The U.S. Patent and Trademark Office (PTO) has posted a notice of proposed rulemaking in response to a case decided by the Supreme Court in 2018, SAS v. Iancu, and the first item on the PTO agenda is to formally require that an inter partes review (IPR) consist of an exhaustive review of all the claims contested by the petitioner.
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Architectural pillars

Presumption in favor of petitioner seen as most critical piece of PTO response to SAS v. Iancu

May 28, 2020
By Mark McCarty
The U.S. Patent and Trademark Office (PTO) has posted a notice of proposed rulemaking in response to a case decided by the Supreme Court in 2018, SAS v. Iancu, and the first item on the PTO agenda is to formally require that an inter partes review (IPR) consist of an exhaustive review of all the claims contested by the petitioner.
Read More
Gavel and scales

Newman dissents from Federal Circuit’s treatment of preamble in Cochlear v. Oticon

May 19, 2020
By Mark McCarty
Two judges with the U.S. Court of Appeals for the Federal Circuit sided with the Patent Trial and Appeal Board (PTAB) in a patent dispute between Oticon Medical and Cochlear, but the third judge, Pauline Newman took issue with the decision. Newman said the majority applied “an improper analytical technique” to determine that the preamble to a patent does not limit the related claims, despite that prior art cited to dispute the patent had been “disavowed by the preamble.”
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Architectural pillars

Federal Circuit’s Stoll calls for fresh look at assignor estoppel in Hologic v. Minerva

April 24, 2020
By Mark McCarty
Assignor estoppel doesn’t enjoy the glamour of subject matter eligibility in the U.S. patent system, but a case heard recently at the Court of Appeals for the Federal Circuit has resurrected this relatively arcane bit of patent doctrine. The outcome of the case of Hologic v. Minerva addressed the less-than-princely sum of roughly $5 million, but Judge Kara Stoll of the Federal Circuit said this issue calls for a deeper examination by a 12-judge panel.
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Patent law book and gavel

Federal Circuit overturns, remands district court decision in Cardionet infringement case

April 20, 2020
By Mark McCarty
In a decision that seems to have yet again roiled the patent subject matter eligibility question, the U.S. Court of Appeals for the Federal Circuit determined that a district court had erred in determining the 7,941,207 patent held by Cardionet LLC, of Conshohocken, Pa., is not eligible for patent protection.
Read More
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