Patent Law

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#160

By Audrey Millemann

The
Federal Circuit Court of Appeals issued its long-awaited decision in the patent
infringement case,

Phillips v. AWH
Corporation,
2005 WL 1620331 (Fed. Cir. July 12, 2005).#160
The en banc opinion is significant both for what it did hold and what it
did not.

The
court held that patent claims are to be interpreted in accordance with the
specification, and that dictionaries should not be used in the first instance.#160
After requesting briefs on the broader question of whether a district court’s
claim construction decision should be given any deference, and receiving over 30
amicus briefs, the court declined to reach that issue.#160


Continue Reading Claim Construction: A Little Less Uncertain But Still Just As Uncertain

By Pam Bertani

#160 #160

Approximately two months ago the United States Supreme Court decided the controversial case of Merck v. Integra Lifesciences I, Ltd., 125 S.Ct. 2372 (June 13, 2005).#160 The case surfaced concerns among patent owners, and all serious players in the multi-billion dollar pharmaceutical industry, specifically those using patented compounds to develop their own drugs.#160 As one commentator aptly framed the issue – the question before the Court was how much patent infringement does the safe harbor allow?

Continue Reading The Safe Harbor For Patent Infringement Is Broader – But Is The Result Better

By Audrey Millemann

#160 #160#160 #160#160 #160#160 #160The “peanut butter and jelly sandwich patent” has been a hot topic lately, from television news broadcasters to intellectual property commentators.#160 The triggering event was a Wall Street Journal article on April 5, 2005 concerning a hearing to be held that day by the Federal Circuit Court of…

By Pamela Winston Bertani

Last month in a patent infringement suit involving SmithKline Beecham’s patent for the active ingredient in its antidpressent drug Paxil��, the Federal Circuit affirmed judgment in defendant’s favor where SmithKline Beecham’s patent was held invalid as anticipated under 35 U.S.C. Section 102 – for being inherently disclosed in a …

By Pamela W. Bertani

#160 #160#160 #160#160 #160 Biotechnology and pharmaceutical companies – and their counsel – should take note that on January 7, 2005, the United States Supreme Court granted a writ of certiorari to review the Federal Circuit’s decision in Integra v. Merck.#160 (Integra Lifescienxes v. Merck et al. …