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IP Alert: Capturing Inventions from FDA Label Changes

NEWS -
  Capturing Inventions from FDA Label Changes By Sarah A. Kagan The U.S. Court of Appeals for the Federal Circuit on January 9, 2018, heard oral arguments in Praxair Distribution, Inc. v. Mallinckrodt Hospital Products, Fed. Cir. No. 2016-2616, -2656, involving an appeal and cross-appeal of an inter partes review (IPR) from the U.S. Patent…

IP Alert: A Theory of Invalidity is Not Enough to Invalidate a Patent

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  A Theory of Invalidity is Not Enough to Invalidate a Patent By Sarah A. Kagan The U.S. Court of Appeals for the Federal Circuit affirmed on different grounds a lower court’s dismissal for lack of jurisdiction under the Declaratory Judgment Act of AbbVie’s lawsuit seeking a judgement of invalidity of MedImmune’s U.S. Patent No.…

IP Alert: The Safe Harbor for Divisional Applications Shrinks

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  The Safe Harbor for Divisional Applications Shrinks By Sarah A. Kagan The U.S. Court of Appeals for the Federal Circuit affirmed on January 23, 2018, the U.S. Patent and Trademark Office Patent Trial and Appeal Board’s decision that the re-examined claims of Janssen Biotech and New York University’s U.S. Patent 6,284,471 (’471) are unpatentable…
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