US Patent 7,885,887, claiming crowd funding, is invalid under §101. “The ‘887 Patent claims only the abstract and time-honored concept of patronage, and even the addition of an element of computer use is insufficient to render it valid under Section 101 of the Patent Act, 35 U.S.C. § 101.” Kickstarter’s motion for summary judgment is granted
Claim to breach of “have made” rights a federal question if enforcement is a question of patent infringement
In ABB Inc. v. Cooper Indus. LLC, No. 2010-1227 (Fed. Cir. 2/17/2010), ABB took a license to a group of Cooper patents pertaining to a vegetable oil-based dialectric fluid called “Biotemp.” The license purported to contain a “have made” provision prohibiting 3rd parties from manufacturing the claimed material. ABB then outsourced manufacturing to Dow Chemical. Cooper […]
Donepezil: Teva has standing in declaratory judgement action that it doesn’t infringe listed patents
Teva Pharms. USA Inc. v. Eisai Co., Ltd., No. 2009-1593 (Fed. Cir. 10/6/2010). Ranbaxy was first-filer (pre-MMA) for donepezil of an ANDA with a “paragraph IV” certification, and Teva was a subsequent filer with a paragraph IV certification. Teva obtained tentative approval for its ANDA, but was prevented from marketing by Ranbaxy’s first-filing. Teva sued […]
Stay In Touch!
Subscribe to our Newsletter!
Search
Recent Posts
- Immunogen Antibody Conjugate Patent Survives IPR
- Crowd Funding Boost? Crowd Funding Patent Invalidated by Kickstarter
- Apotex loses IPR on Prodrug Obviousness (Institution Denied)
- You think your competitor’s patent is junk? Don’t tell it to the judge
- Means-Plus-Function Software Claims Must Have an Underlying Algorithm
Links
Tags
35 U.S.C. § 112 ¶1
35 U.S.C. § 156
35 U.S.C. § 271(e)(5)
35 USC § 112(a)
ANDA
anticipation
assignments
award of attorney fees
best mode
bioequivalence
Claim construction
declaratory judgment action
defenses to infringement
deference to agency review
definiteness
DNA sequence claims
Doctrine of Equivalents
enablement
Equitable estoppel
functional claim language
Hatch-Waxman litigation
indefiniteness
inequitable conduct
infringement dismissed
invalidity
inventorship
JMOL
laches
means-plus-function
nonobvious
numeric ranges
obviousness
Obviousness upheld
paragraph IV certifications
patent license
peptide sequence claims
pharmaceutical formulations
priority claims
reissue patent
secondary considerations
Standing to sue
subject matter jurisdiction
trade secrets
trigger of exclusivity
written description