Federal Circuit: Amended Claims in IPR Should be Subject to Full
Examination (Including 101)
A divided
Federal Circuit has authorized the PTAB to consider patent-eligibility
challenges during inter partes review (IPR) proceedings in the context of a
patentee’s motion to amend the claims.
Uniloc had moved to amend with substitute claims and Hulu opposed. The
PTAB then denied the motion to amend — concluding that the proposed claims were
not subject matter eligible under Section 101.
The PTAB’s subsequent rehearing denial was designated as precedential —
holding that any ground of unpatentability can be considered in the context of
a motion to amend..
Moderna loses challenge over vaccine tech patent to Arbutus, may have to
share in royalties
Shares of
Moderna Inc fell nearly 10% after it lost a bid to invalidate a U.S. patent
owned by Arbutus Biopharma that poses a potential obstacle to Moderna’s efforts
to develop next-generation vaccines, including a coronavirus vaccine. An
administrative court run by the U.S. Patent and Trademark Office rejected
arguments by Moderna that an Arbutus patent known as the ‘069 patent should be
revoked because it described obvious concepts. The ‘069 patent relates to lipid
nanoparticle (LNP) technology that allows the human body to make its own
therapeutic proteins..
Cipla, Amgen reach settlement on pending litigation involving cinacalcet
HCl tablets
Cipla Ltd
announced that its wholly owned step-down subsidiary Cipla USA Inc, and Amgen
Inc reach a settlement on pending litigation in the US District Court for the
District of Delaware in January 2019 involving generic cinacalcet hydrochloride
tablets. A formal stipulation of dismissal has been filed with the Court and is
awaiting signature by the presiding Judge. The resolution entitles Cipla and
its affiliates to continue importing, marketing, and selling its generic
cinacalcet hydrochloride tablets 30mg, 60mg and 90mg in the United States...
The UK Supreme Court on pemetrexed: judicial colonialism or a step
towards harmonization?
On 9 June
2020 Barcelona Commercial Court no. 4 issued a decision rejecting the
opposition filed by a company (the “Defendant”) against a decision of 2
September 2019 from the same Court that had ordered an “ex parte” preliminary
injunction preventing the Defendant from marketing pemetrexed diarginine in
Spain. The background of the case can be summarized as follows: In 2016 the
Defendant obtained a marketing authorization (“MA”) to commercialize pemetrexed
disodium generics in Spain. The patent owner (Eli Lilly & Company) sent a
warning letter to the Defendant, and the latter undertook not to launch the
product for which it had just obtained an MA without giving the patentee 30
days’ prior notice…
Time for the third round
Truvada® (Gilead)
is an anti-HIV drug comprised of the combination of tenofovir disoproxyl
fumarate (TDF) and emtricitabine (FTC) approved for Pre-exposure Prophylaxy
(PreP) of HIV infection, since it has been shown to allow for a reduction of
86% of the risk of being infected by HIV. Truvada® was covered until 25 July
2017 by European patent EP 0915894. The effects of the patent have been
extended by supplementary protection certificates (SPCs) expiring between 21
and 24 February 2020 depending on the countries. The SPCs are based on European
Union marketing authorization EU/1/04/305/001…
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