Panel: Judges Taranto, Chen, and Stoll, with
Judge Chen writing the opinion
You should read this case if: you want to
better understand the preclusive effect (or lack thereof) of
contingent findings and alternative holdings.
In this week s featured case, the Federal Circuit resolved
an interesting case where a patent-owner appellant appealed a
district court judgment holding its patent claims invalid but asked
the Federal Circuit to affirm invalidity. That perhaps surprising
situation arose because the district court s opinion supporting
its judgment appeared to address multiple invalidity grounds, and
the patent owner was seeking to protect against potential
preclusive effects of some of those grounds. Ultimately, though,
Health
your username
2 days ago The Federal Circuit on Tuesday agreed with the District of New Jersey’s decision to dismiss Sebela Ireland Ltd.’s patent infringement case against competing pharmaceutical companies for lack of constitutional standing.
Sebela, the plaintiff-appellant, originally filed suit against Prinston Pharmaceutical Inc. and Actavis Inc. and both companies’ affiliates over allegations that the defendants infringed claims of U.S. Patent Nos. 8,658,663 and 8,946,251, relating to methods of treating dysfunction of body temperature regulation often connected to menopause.
The district court found that the challenged claims 1, 2, and 5 of the first patent and 1, 2, 4, 9, and 10 of the second were “invalid as obvious,” the court explained. A patent is considered obvious if there is a similar registered patent and if people with “ordinary skill in the art” do not see the patent’s invention as novel, pursuant to 35 U.S. Code § 103.
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Fed. Circ. Tosses Unusual Appeal On Menopause Drug IP
Law360 (April 20, 2021, 10:59 PM EDT) The Federal Circuit on Tuesday dismissed an unusual appeal from drugmaker Sebela Ireland Ltd., which sought affirmation of a district court decision that claims in two patents covering its menopause drug are obvious, while at the same time asking the appellate court not to weigh in on written description and utility issues.
The three-judge panel said in its nonprecedential decision that, while a New Jersey federal judge briefly addressed written description and utility, she didn t do so conclusively. Since Sebela isn t trying to overturn the obviousness ruling, and there are no alternative holdings to the district court s obviousness decision, the panel.
Fed. Circ. Tosses 'Unusual' Appeal On Menopause Drug IP law360.com - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from law360.com Daily Mail and Mail on Sunday newspapers.