571-765-7700
MS Treatment Patent Invalid for Lack of Written Description
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The patent specification did not support a claim to a specific dose of 480 mg/day of DMF, sold under the brand name Tecfidera for the treatment of MS
Federal Circuit Affirms PTAB Decision Finding Claimed Amount Had Written Description Support and Claimed Ranges Did Not
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Held: Written description cases are intensively fact-oriented and a disclosure with isolated examples does not support claimed ranges with lower and upper bounds
Federal Circuit Affirms Order Compelling Arbitration and Dismissing Declaratory Judgment Action
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Held: Technology license agreement requiring arbitration conducted under California Code of Civil Procedure (CCCP) delegates the question of arbitrability to arbitrator
Federal Circuit Asks TTAB to Examine All Uses of Surname When Evaluating Fraud Claim
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Held: Significant use of trademark by anyone may undercut a claim of substantially exclusive use necessary to show acquired distinctiveness
Settlement Removes Standing to Appeal PTAB Decisions
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The Federal Circuit dismisses appeals from PTAB decisions following a voluntary settlement, without vacating the decisions
Location Where Hatch-Waxman Notice Letter Received Does Not Establish Venue
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The Federal Circuit addresses pleading requirements in Hatch-Waxman actions concerning venue and identification of defendants
Federal Circuit Reverses Obviousness Determination
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The Federal Circuit reverses PTAB finding that claims directed to MRSA inactivation were obvious
PTAB Structure Held Not Unconstitutional
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Federal Circuit rejects constitutional challenges due to PTAB post-institution fees and APJ compensation
Forum Selection Clause in NDA Does Not Bar IPR
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Forum Selection Clause in Agreement at Issue Did Not Apply to Patent Invalidity Challenges
Swimming Pool Lawsuit Sinks
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No Ownership of Patents and Trademarks When Asserted
MS Treatment Patent Invalid for Lack of Written Description
|
The patent specification did not support a claim to a specific dose of 480 mg/day of DMF, sold under the brand name Tecfidera for the treatment of MS
Federal Circuit Affirms PTAB Decision Finding Claimed Amount Had Written Description Support and Claimed Ranges Did Not
|
Held: Written description cases are intensively fact-oriented and a disclosure with isolated examples does not support claimed ranges with lower and upper bounds
Federal Circuit Affirms Order Compelling Arbitration and Dismissing Declaratory Judgment Action
|
Held: Technology license agreement requiring arbitration conducted under California Code of Civil Procedure (CCCP) delegates the question of arbitrability to arbitrator
Federal Circuit Asks TTAB to Examine All Uses of Surname When Evaluating Fraud Claim
|
Held: Significant use of trademark by anyone may undercut a claim of substantially exclusive use necessary to show acquired distinctiveness
Settlement Removes Standing to Appeal PTAB Decisions
|
The Federal Circuit dismisses appeals from PTAB decisions following a voluntary settlement, without vacating the decisions
Location Where Hatch-Waxman Notice Letter Received Does Not Establish Venue
|
The Federal Circuit addresses pleading requirements in Hatch-Waxman actions concerning venue and identification of defendants
Federal Circuit Reverses Obviousness Determination
|
The Federal Circuit reverses PTAB finding that claims directed to MRSA inactivation were obvious
PTAB Structure Held Not Unconstitutional
|
Federal Circuit rejects constitutional challenges due to PTAB post-institution fees and APJ compensation
Forum Selection Clause in NDA Does Not Bar IPR
|
Forum Selection Clause in Agreement at Issue Did Not Apply to Patent Invalidity Challenges
Swimming Pool Lawsuit Sinks
|
No Ownership of Patents and Trademarks When Asserted