Yesterday, in an opinion authored by Judge Moore, the Court of Appeals for the Federal Circuit (CAFC) affirmed the District of Delaware’s decision that: 1) U.S. Patent No. 5,856,298 (the ‘298 patent) belonging to Amgen was infringed by Hospira and not invalid; 2) 14 batches of drug substance for Hospira’s erythropoietin biosimilar drug product were not covered by the Safe Harbor provision of 35 USC § 271(e)(1); and 3) Amgen had proven that it was entitled to a jury verdict of $70 million in damages. Additionally, the CAFC affirmed the jury’s verdict of noninfringement of U.S. Patent No. 5,756,349 (the ‘349 patent).
Litigation
- Eleventh Circuit Rules for Viacom in FLORA-BAMA Trademark Case
- How French and California Contract Law Would Interpret SEP Patent Owner Obligations Under the ETSI Licensing Declaration
- NYIPLA Tells Supremes IP Lawyers Need Attorney-Client Privilege for Dual-Purpose Communications
- A Guide to Disclosures in Delaware Patent Litigation in the Face of Pending Federal Circuit Review
- CAFC Expressly States Patentee Disclaimers During IPR are Not Binding on the PTAB’s Patentability Analysis
Recent Posts
- Practical Tips for Writing Ex Parte Appeal Briefs
- Eleventh Circuit Rules for Viacom in FLORA-BAMA Trademark Case
- Other Barks & Bites for Friday, December 2: Court of Federal Claims Rules CDC Patents Breached Gilead Agreements; Eleventh Circuit Affirms Trademark Win for Viacom; and Delaware Litigation Funding Case Heats Up at CAFC
- Former Commerce, USPTO Heads Push for U.S. to Lead Opposition to Extending WTO’s COVID IP Waiver
- Patent Experts Urge Kanter to Reject Calls to Scrap Avanci Business Review Letter