Analyzing Biologics Under the Doctrine of Equivalents and Prosecution History Estoppel
In a recent decision, Ajinomoto v. ITC, the Federal Circuit addressed the issues of doctrine of equivalents and prosecution history estoppel as applied to paten
Federal Circuit Diagnoses the Patent Eligibility Problem – But Denies a Remedy
On July 3, 2019, in a 7-5 en banc decision, the Federal Circuit declined to reconsider its decision in Athena Diagnostics v. Mayo Collaborative Services,[1] fin
Supreme Court Decides Prescription Drug Preemption Case in Favor of Drug Manufacturer
The United States Supreme Court finally clarified its 11-year-old “clear evidence” standard for pharmaceutical preemption. In its much-anticipated opinion deli
The EU General Court’s Ruling on Pay for Delay
The EU General Court (“Court”) reduced the fines imposed on Servier SAS and its subsidiaries (“Servier”) from a total of €428 million to €315 million (see press
PTAB Rejects Tribal Immunity Proceedings
On February 23rd, 2018, a panel of the Patent Trial and Appeal Board (PTAB or “Board”) decided that: (1) Indian tribal sovereignty did not apply to post-grant