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5 Sep 2016, 6:46 pm by Dennis Crouch
”  Up to now, courts have repeatedly held that the “profits” are profits associated with the product (i.e., the article of manufacture) being sold, but Samsung is asking that the profits be limited only to components of the product closely associated with the patented design. [read post]
9 Aug 2007, 5:53 am
That program is rather limited, though, because: (1) there can't be any alternative, approved therapy; (2) research into the drug must be sufficiently advanced for there to be ongoing clinical trials, and (3) the would-be manufacturer must be "actively pursuing" FDA approval. [read post]
25 Jun 2019, 9:28 am
The skilled person will question the fact that no other pemetrexed variants are mentioned, given that it is “(childishly) easy” to manufacture other forms of pemetrexed. [read post]
29 Jan 2010, 11:36 am by Stephanie Flynn
Polinsky, who now finds herself a casualty of the declining economy, was former assistant general counsel for Sanofi-Aventis and then for Amgen. [read post]
1 Mar 2023, 6:09 am by Dennis Crouch
Neapco, “unclaimed features of the manufacturing process ‘cannot function to remove [the claims] from the realm of ineligible subject matter. [read post]
18 Dec 2016, 10:32 pm by Lisa Ouellette
First Quality Baby Products (argued Nov. 1): When does laches bar a patent infringement claim brought within the 6-year statutory limitations period of 35 U.S.C. [read post]
5 Apr 2016, 6:32 am
 Brian set the scene explaining that there are two types of second medical use inventions in Europe - Swiss-type claims which are purpose-limited process claims (according to the English) and EPC 2000 claims (purpose-limited product claims). [read post]
28 Sep 2020, 8:00 am by Dennis Crouch
Of note, the claim does not appear to require the manufacturing step, only that administration of a product created in that manner. [read post]
26 Sep 2022, 4:49 am by Dennis Crouch
Full Scope Enablement in Amgen Inc. v. [read post]
13 Jul 2017, 8:47 am by Brian Cordery
The Court was of the view the Lord Hoffmann in Kirin-Amgen had erred by conflating these two issues into a single question of interpretation. [read post]
13 Jul 2017, 8:47 am by Brian Cordery
The Court was of the view the Lord Hoffmann in Kirin-Amgen had erred by conflating these two issues into a single question of interpretation. [read post]
26 Aug 2009, 6:12 am
(Korea IP Law Blog) US: Senate Agriculture/FDA Appropriations Bill amendment seeks to streamline development and regulation of products for rare and neglected diseases (FDA Law Blog) US: Professor Grabowski’s economic analysis of data exclusivity for follow-on biologic drugs (Patent Docs) US: Follow-on biologics news briefs: President Obama wants to speed up introduction of generic drugs; biosimilars pose ‘limited threat’; Amgen CEO says biologic… [read post]
1 Feb 2016, 10:43 am by Lawrence B. Ebert
’”Greenliant, 692 F.3d at 1268 (quoting Amgen, 580 F.3d at1340). [read post]
16 Jan 2017, 5:44 pm by Dennis Crouch
Big news is that the Supreme Court granted writs of certiorari in the BPCIA dispute between Sandoz and Amgen. [read post]
5 Oct 2015, 8:19 am
  The FDA didn’t even win its motion; instead, it settledthat litigation, and one of the terms required that Amgen’s First Amendment challenge be dropped.The FDA initially made its concession in early 2010. [read post]
4 Apr 2016, 4:11 am by Brian Cordery
Rian thought that much of the difficulty on construction resulted from interpreting Swiss-type claims as purpose limited process claims rather than as purpose limited product claims. [read post]