Category Archives: Litigation Issues

Allergan v. Sun – A Glidant Slips Past the Written Description Requirement

Posted on August 31, 2024 by Warren Woessner

The most interesting part of this decision by the Fed. Cir. (No. 24- 1061, Aug. 13, 2024) is that the court was faced with an argument by Sun that Allergan’s claims in U.S. Pat. No.11,311,516 et al. are invalid as … Continue reading →

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Moderna to Pfizer: “The Pandemic is Over”

Posted on September 6, 2022 by Warren Woessner

On August 26th, Modernatx, Inc. and Moderna US, Inc. sued Pfizer and Biontech SE,  (Case 1:22-cv-11378 [D. Mass.]) for treble damages and attorney’s fees related to the alleged direct or indirect infringement of three of Moderna’s patents with claims directed … Continue reading →

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“An Unusual Case” – Promega Corp. v. Life Technologies Corp.

Posted on December 4, 2017 by Warren Woessner

I am going to try to summarize the Fed. Cir.’s holding and reasoning in Promega Corp. v. Life Tech Corp., Appeal No. 2013-1011 et al. (Fed. Cir., November 13, 2017), without burying you in the procedural details, but it won’t … Continue reading →

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Exhausted by Exhaustion: Impression Products v. Lexmark

Posted on June 14, 2017 by Warren Woessner

Please revisit Don Chisum’s and Janice Mueller’s comments on Impression Products v. Lexmark, No. 151189 (S. Ct. May 30, 2017), in which the Court held that a seller of a patented printer cartridge had exhausted its patent rights, so that … Continue reading →

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