Posts in Medical Devices & Methods


Patent battle over generic Inomax leaves five Mallinckrodt patents invalid as naturally occurring phenomenon

A memorandum signed by Judge Sleet shows that Mallinckrodt’s patents were invalidated under the Section 101 patentability standard set by the U.S. Supreme Court in 2012’s …
By Steve Brachmann
3 days ago 4

Nintendo to appeal $10.1M jury verdict of infringement after invalidating 5 of 6 iLife patents at PTAB

A jury verdict recently entered into a patent infringement case in the Northern District of Texas found that Japanese gaming giant Nintendo infringed upon a patent asserted …
By Steve Brachmann
12 days ago 5

Report shows drug patents fare better in IPR proceedings at PTAB

While the Patent Trial and Appeal Board (PTAB) has not been friendly to patent owners, to put it mildly, the PTAB has not been inhospitable to pharma …
By Steve Brachmann
2 months ago 36

Stryker receives treble damages as part of $248.7M award after 2016 remand from SCOTUS

The final judgment and permanent injunction follows the U.S. Supreme Court’s decision last June in Stryker Corp. v. Zimmer Inc. (consolidated with Halo Electronics, Inc. …
By Steve Brachmann
2 months ago 2

Supreme Court of Canada rules on Promise Doctrine in favor of Pharma Patent Owners

The Supreme Court of Canada issued a ruling in AstraZeneca Canada Inc. v. Apotex Inc., which gives patent owners a far greater ability to protect their intellectual …
By Steve Brachmann
3 months ago 1

Lefstin, Mossoff critique SCOTUS’ sense of history and negative impacts on today’s patent system

“The Supreme Court has told us, and told itself, a particular story -- a story based in history to justify its current regime,” Lefstin said near the …
By Steve Brachmann
3 months ago 8

PwC patent litigation study shows recent drop in lawsuits despite increasing patent grants

About 5,100 patent infringement cases were filed in the U.S. during 2016, according to the PwC litigation study. This represents a 9 percent drop in lawsuits from 2015’s totals …
By Steve Brachmann
4 months ago 2

Lex Machina ANDA litigation report shows recent decline in case filings and top parties in filings

Lex Machina recently released a Hatch-Waxman/ANDA litigation report detailing trends and key findings from pharmaceutical cases filed in U.S. district courts between January 1st, 2009, and …
By Steve Brachmann
5 months ago 0

Want to Revive the Economy? Restore the Patent System!

The old arguments that patents inhibit innovation, and non-exclusivity with compulsory licensing leads to a brave new world are now in vogue. We've stood at this fork …
By Joseph Allen
5 months ago 17

Other Barks for Wednesday, April 5th, 2017

Google tries to strike a “patent peace” with a new cross-licensing initiative for Android developers. The Federal Circuit is petitioned for review of a judgment in a …
By Steve Brachmann
6 months ago 1

Regeneron, Sanofi-Aventis sue for declaration that dermatitis treatment Dupixent doesn’t infringe Amgen patent

Although Dupixent hasn’t been granted FDA approval as of yet, the drug has made it further than Amgen’s AMG-317, the code name for Amgen’s …
By Steve Brachmann
6 months ago 0

University of California seeks assignment of nanopore patents from former grad student

At the center of the legal spat is the proper assignation of a series of patents covering DNA sequencing technologies, which UC alleges were developed while the …
By Steve Brachmann
6 months ago 1

CAFC upholds invalidation of patent application covering patient data management tech under Alice

On Monday, March 13th, the U.S. Court of Appeals for the Federal Circuit issued a decision upholding the Patent Trial and Appeal Board’s (PTAB) finding …
By Steve Brachmann
6 months ago 22

Other Barks for Wednesday, March 22nd, 2017

The highest federal court in the United States declines to hear an appeal from tech giants on applying common sense to patent validity challenge proceedings. A group …
By Steve Brachmann
6 months ago 0

USF files patent suit over sale of Alzheimer’s research mice

On Tuesday, March 21st, a pre-trial hearing will take place in a case involving patent infringement claims targeting the sale of mice having mutated genes which make …
By Steve Brachmann
6 months ago 0