by April Breyer Menon | Sep 1, 2015
In its recent Amgen Inc. v. Sandoz Inc. decision, the Federal Circuit decided two issues of first impression relating to the Biologics Price Competition and Innovation Act of 2009 (“BPCIA”). First, the Court held that the BPCIA does not require a biosimilar applicant...
by April Breyer Menon | Aug 25, 2015
Discussion of the various patent reform proposals to Inter Parties Review (IPR) practice that are currently before Congress, with an eye to IPR statistics, and equivalent statistics from post-grant Opposition proceedings before the European Patent Office (EPO)....
by April Breyer Menon | Aug 14, 2015
On August 13, 2015, the Federal Circuit, sitting en banc, issued a per curiam decision setting forth new law on when performance by multiple parties of a method claim constitutes direct infringement under 35 U.S.C. § 271(a). Download PDF
by April Breyer Menon | Jul 21, 2015
On July 21, 2015, the Federal Circuit issued an opinion addressing two issues of first impression relating to the Biologics Price Competition and Innovation Act of 2009 (“BPCIA”). First, the Court held that 42 U.S.C. § 262(l)(2)(A) does not require a biosimilar...
by April Breyer Menon | Jun 23, 2015
In recent years the Federal Circuit, in reviewing both litigation and prosecution decisions, has revived the doctrine of written description under 35 U.S.C. § 112. The court has applied the doctrine to biotechnology patents—specifically those claiming genuses of...
