Tags » Federal Circuit

Update in Amgen v. Sandoz

On August 31, 2015, to support the launch of its Zarxio™ (a biosimilar of Amgen’s Neupogen® (filigrastim) product), Sandoz filed an opposition to Amgen’s emergency motion for injunction pending… 286 more words

Lisa Mueller

Federal Circuit Faults Board for Not Giving Sufficient Weight to Third-Party Registrations and Clarifies Standard for Abandonment When Changes Are Made to a Mark

On August 19, 2015, the Federal Circuit once again faulted the Board for not giving sufficient weight to third-party registrations when assessing a mark’s strength, citing its recent decision in… 464 more words

Federal Cases

The Federal Circuit Misapplies Chevron Deference (and Risks a Future “Supreme Scolding”) in Suprema Inc. v. ITC

On August 10, in Suprema, Inc. v. ITC, the en banc Federal Circuit granted Chevron deference to a U.S. International Trade Commission (“ITC”) statutory interpretation in holding that goods that do not… 1,052 more words

Intellectual Property

Continuation In Part (or) Divisional: Role of Section 121 Safe Harbor in G.D. Searle LLC v. Lupin Pharmaceuticals, Inc.,

The safe harbor provision of section 121 didn’t help Pfizer to save its reissued U.S. Patent No. RE44,048.

Recently the U.S. Court of Appeals for the Federal Circuit upheld a district court ruling that a reissue patent was invalid for obviousness-type double patenting. 537 more words

Intellectual Property Rights

The Federal Circuit Vacates TTAB Ruling Because the Board Failed to Properly Consider Evidence of Third-Party Use

On July 20, 2015, the Federal Circuit vacated a TTAB decision finding the mark PEACE LOVE AND JUICE & Design to be confusingly similar to a family of PEACE & LOVE marks on the ground the Board did not adequately consider the extensive third-party use of PEACE LOVE formatives when weighing the strength of the opposer’s marks.  524 more words

Federal Cases

Why tech firms dodged a "disastrous" outcome in $1.51B patent case

After a judge in Pittsburgh ordered chip-maker Marvell Technologies to pay a record $1.51 billion in patent damages in 2012, a group of tech companies that are ordinarily rivals – including Google and Microsoft – joined forces to implore an appeals court to roll back the “dangerous” and “disastrous” thinking that led to the award. 694 more words


Did Hatch-Waxman Act Really Worked? Takeda Pharmaceuticals USA, Inc. v. West-Ward Pharmaceutical Corp (Hikma Americas Inc)

Before NEWMAN, DYK, and HUGHES, Circuit Judges; Takeda (Plaintiff-Appellant) vs West-Ward (Defendants-Cross-Appellants).

Now its Federal Circuit, which denied Takeda’s motion for preliminary injunction against Hikma pharmaceuticals for launching Mitigare, a colchicine product for prophylactic treatment of gout. 910 more words

Patent Litigations