The Federal Circuit issued an opinion on July 29 affirming the District Court for the District of Delaware’s dismissal of Amgen Inc. and Amgen Manufacturing Ltd.’s (collectively, “Amgen”) complaint alleging infringement of U.S. Patent 8,273,707 (the “’707 Patent”) for failure to state a claim. The district court held that prosecution history estoppel barred Amgen from succeeding on its infringement claim under the doctrine of equivalents. Amgen Inc. v. Coherus BioSciences, Inc., No. 18-1993 (Fed Cir. July 29, 2019) (Before Reyna, Hughes, and Stoll, Circuit Judges) (Opinion for the Court, Stoll, Circuit Judge).
Recent Posts
- Increasing Volume of Patent Deals Could Signal Bounce in Patent Marketplace | IPWatchdog Unleashed
- How the USPTO Could Make a Permanent After-Final Consideration Program Work
- Other Barks and Bites for Friday, June 27: EGC Says ‘NERO CHAMPAGNE’ Unduly Exploits Protected Designation of Origin; SCOTUS Seeks SG Views on Skinny Label Issues in Hikma; and a Big Week for Copyrights and AI
- PTAB Designates Informative Director Review Decision Vacating Institution of Two Petitions Challenging Same Claims
- Stewart Grants Discretionary Denial Due to Patent Being Dismissed From Litigation