Recent rulings from the Federal Circuit have clarified important aspects of patent law. A district court has determined that factual disputes prevent the application of the Safe Harbor provision to gene editing technology at the pleading stage. Additionally, the Federal Circuit confirmed that published patent applications are considered prior art in inter partes reviews (IPRs) as of their filing date. In a related decision, the court stated that a patent listed in the Orange Book must specifically claim the active ingredient to be deemed proper. Furthermore, the Federal Circuit reversed a previous patent decision involving Novartis and affirmed deterrence sanctions in another case. These rulings highlight ongoing developments in patent litigation and regulatory compliance.
Brace yourself, it’s getting a bit procedural: Analysing Macleods Pharmaceuticals Ltd v. The Controller of Patents & Anr. Is a revocation petition sustainable if the defence of invalidity has been taken in an infringement suit? Is a revocation petition sustainable .. (1/2)
The Federal Circuit Affirms Deterrence Sanctions https://t.co/SnWTE7BGh0 @SheppardMullin #federalcircuit #sanctions #patent https://t.co/dEOijxGTI0
Federal Circuit’s Decision Confirms That Published Patent Applications Are Prior Art In IPRs As Of Their Filing Date https://t.co/3YtmHQh3Ek