Cases

Opinion for the court filed by Circuit Judge CHEN. Dissenting opinion filed by Chief Judge RADER. CHEN, Circuit Judge. Gilead Sciences, Inc. (“Gilead”) owns United States Patent Nos. 5,763,483 and 5,952,375, which are directed to antiviral compounds and methods for their use. While the patents list the same inventors and the written descriptions disclose similar content, they do not claim priority to a

Petition for writ of certiorari to the United States Court of Appeals for the Federal Circuit denied.

DYK, Circuit Judge, concurring. I join the majority opinion holding that the structure of the Patent Act bars third party Administrative Procedure Act (“APA”) challenges to patent validity based on an improper revival of an abandoned patent application. In my view, the Patent Act is structured to channel third party challenges to patent validity to either of two routes: as defenses to

MEMORANDUM AND ORDER Wolf, District Judge. This Memorandum is based on the transcript of the decision rendered orally on *279August 17, 2016, allowing defendants Cell-trion Healthcare Co., Ltd., Celltrion, Inc., and Hospira, Inc.’s (collectively “Cell-trion”) Motion for Summary Judgment of Invalidity of U.S. Patent No. 6,284,471 for Obviousness-Type Do

AMENDED TRIAL OPINION ANDREWS, UNITED STATES DISTRICT JUDGE Plaintiffs brought these patent infringement actions against Breckenridge Pharmaceutical, Inc., Roxane Laboratories, Inc.1, and Par Pharmaceutical, Inc. in 2014. (D.I. l).2 Breckenridge, Roxane, and Par each filed an Abbreviated New Drug Application (“ANDA”), seeking to engage in the commerci

MEMORANDUM AND ORDER Wolf, District Judge. I. SUMMARY In 2015, plaintiffs Janssen Biotech, Inc. and New York University (collectively “Janssen”) filed Civil Action No. 15-10698 (the “2015 Action”) against defendants Celltrion Healthcare Co., Ltd., Celltrion Inc., and Hospira, Inc. (collectively “Cell-trion”). The case was brought pursuant to the Biologies Price Competition Act (the “BP

OPINION Robinson, District Judge I. INTRODUCTION This action arises out of the filing of Abbreviated New Drug Application (“ANDA”) No. 205149 by defendant Teva *785Pharmaceuticals USA, Inc. (“Teva”) seeking to produce and market a generic mometasone furoate nasal spray. (D.I. 123) On July 3, 2014, plaintiff Merck Sharp &

Chen, Circuit Judge. This case involves the complicated, potential double-patenting situation in which the later-filed of two related patents, which share a common specification and effective filing date, expires before the term of the earlier-filed patent due to an intervening change in law by Congress defining a patent's term. When the patent owner filed for the first patent, the go

Chen, Circuit Judge. *1369 SUMMARY This case concerns the interplay between a patent term extension (PTE) granted pursuant to 35 U.S.C. § 156

Case: 18-2390 Document: 89 Page: 1 Filed: 06/01/2021 United States Court of Appeals for the Federal Circuit ______________________ GILBERT P. HYATT, Plaintiff-Cross-Appellant v. ANDREW HIRSHFELD, PERFORMING THE FUNCTIONS AND DUTIES OF THE UNDER SECRETARY OF COMMERCE FOR INTELLECTUAL PROPERTY AND DIRECTOR OF THE UNITED STATES PATENT AND TRADEMARK OFFICE,

Case: 18-2390 Document: 89 Page: 1 Filed: 06/01/2021 United States Court of Appeals for the Federal Circuit ______________________ GILBERT P. HYATT, Plaintiff-Cross-Appellant v. ANDREW HIRSHFELD, PERFORMING THE FUNCTIONS AND DUTIES OF THE UNDER SECRETARY OF COMMERCE FOR INTELLECTUAL PROPERTY AND DIRECTOR OF THE UNITED STATES PATENT AND TRADEMARK OFFICE,