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IP News: Barks & Bites for Friday, March 21 | IPWatchdog

IP Watchdog

This week in Barks & Bites: American pharmaceutical firm Johnson & Johnson announces $55 billion in U.S. This week in Barks & Bites: American pharmaceutical firm Johnson & Johnson announces $55 billion in U.S. by BOE Technology. by BOE Technology. by BOE Technology.

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CAFC Orders Review of Extrinsic Evidence to Determine Proper Limit of Claimed pH Range

IP Watchdog

Court of Appeals for the Federal Circuit (CAFC) issued a precedential decision in Actelion Pharmaceuticals Ltd. Mylan Pharmaceuticals Inc. Today, the U.S. vacating an infringement judgment against Mylan in the Northern District of West Virginia.

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District Court Decision Teaches Caution When Construing Claims to Encompass After-Arising Technology

IP Watchdog

Novartis is currently involved in a multi-district patent litigation campaign to block generic entrants for Entresto®, which is Novartis’ blockbuster heart medication. In the fall of 2022, Novartis went to trial on the validity of one of the asserted patents, U.S. 8,101,659 (“the ‘659 patent”).

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CAFC Clarifies Experimental Use Exception, Reduces Damages in Partial Reversal of Sunoco Patent Infringement Win

IP Watchdog

Venture appealed the district court decision challenging “(I) [the] rejection of its on-sale-bar defense, (II) [the] determination that it infringed two patents we have since held invalid, (III) [the] construction of two claim terms, and (IV) [the] decision to enhance damages.”

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The ‘Lead Compound’ Rule: Problems and More Problems

IP Watchdog

Court of Appeals for the Federal Circuit issued yet another decision reinforcing what can only be described as the “lead compound” rule for challenging pharmaceutical and other chemical compound patents on the basis of obviousness. The Federal Circuit has been utilizing the “lead compound” construct since around 2000. Otsuka Pharm.