Category Archives: Litigation Issues

Fed. Cir. in Helsinn v. Teva Declines Limiting the Requirements of the “On Sale” Bar

Posted on May 4, 2017 by Warren Woessner

In Pfaff v. Wells Electronics, 525 US 55 (1988), the Supreme Court attempted to focus the factors invoking the on-sale bar of s.102, by holding that the claimed invention must both be the subject of a “commercial sale”(including offers for … Continue reading →

Posted in 102 Patentability, Hatch-Waxman, Licensing, Litigation Issues | Leave a comment

UCB v. Yeda R&D Co. – No “Safe Harbor” for Unamended Claims

Posted on September 20, 2016 by Warren Woessner

UCB sued Yeda for a DJ of non-infringement of US Patent No. 6,090,923 [Appeal No. 2015-1957 (Fed. Cir. September 8, 2016)].The main claim in question was directed to “A monoclonal antibody which specifically binds a human cytotoxin [having X properties].” … Continue reading →

Posted in Litigation Issues, Post-Grant Issues, Written Description Requirements (WDR) | Leave a comment

Duties And Responsibilities Of A Corporate Fed. R. Civ. P. 30(B)(6) Witness

Posted on September 16, 2011 by Warren Woessner

The following is from the Robins, Kaplan, Miller & Ciresi newsletter BuLITS and written by Ron Schutz Case: In re Neurontin Antitrust Litigation, 2011 U.S. Dist. LEXIS 62032, MDL No. 1479, Master File No. 02-1390 (D.N.J. 6/9/2011). Facts: Direct purchasers … Continue reading →