New England IP Blog

Covering intellectual property developments in New England, and other developments that impact New England companies.

Category Archives: Biotechnology

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Court Denies Attempt to Prevent “Plain and Ordinary” Claim Construction Proposals

The presumption that claim terms should be interpreted using their plain and ordinary meaning, absent express intent to the contrary, has long been a staple in claim construction. Parties often submit proposed constructions that ask the court to give certain terms their ordinary and customary meaning—the meaning that the terms would have to those skilled in … Continue Reading

Supreme Court Limits Foreign Reach of the U.S. Patent Act

The supply from the United States of a single component of an invention, for assembly of the invention abroad, is not patent infringement under Section 271(f)(1) of the Patent Act. This is according to a unanimous ruling yesterday by the United States Supreme Court. The court found significant limitations on the reach of Section 271(f)(1), a law … Continue Reading

Heartburn for Defense After Jury Verdict in Pepcid® Dispute

The recent jury verdict in a dispute over a generic version of the heartburn medication Pepcid® Complete® would be enough for anyone to reach for a few tablets of the accused product. After an eight day trial presided over by Judge Zobel, a Massachusetts jury last week returned a verdict for Plaintiffs Brigham and Women’s … Continue Reading

Clean Bill of Health for Tuberculosis Testing Patents in Eligibility Challenge

After the Supreme Court’s recent decisions in Alice, Mayo, and Myriad that narrowed the bounds of patentable subject matter, defendants have routinely asked courts to invalidate patents in certain technology areas—such as software and biotechnology—as patent ineligible. A recent decision out of the District of Massachusetts offers a prescription for success for patentees in surviving such an eligibility challenge. In … Continue Reading

In Autoimmune Disorder Diagnosis Patent Case, Section 101 Motion to Dismiss Denied

In a recent decision from the District of Massachusetts, Judge Indira Talwani denied a motion to dismiss a patent suit under Rule 12(b)(6) for failure to state a claim due to patent ineligibility under 35 U.S.C. § 101 . In their motion, defendants Mayo Collaborative Services LLC and Mayo Clinic (collectively “Defendants”) argued that the … Continue Reading

Double Patenting Decision Delivers Bitter Pill To Antibody Patent

In a recent decision on obviousness-type double patenting, Judge Wolf shortened the shelf life of a dispute between Janssen Biotech, Inc. (“Janssen”) and Celltrion Healthcare Co. Inc. (“Celltrion”), relating to a biopharmaceutical patent covering a particular antibody. In March, 2015, Janssen accused Celltrion of infringing (among other patents) U.S. Patent No. 6,284,471 (the “’471 Patent”), … Continue Reading

Massachusetts Court Takes the Temperature of Defendant’s Inequitable Conduct Claim on Summary Judgment

In a recent decision out of the District of Massachusetts, Judge Stearns assessed Kaz’s inequitable conduct defense on summary judgment – and found it to come up short by a degree. The opinion is an important reminder that to make out an inequitable conduct defense, a litigant must make a strong showing as to both … Continue Reading

Court Prescribes a Sedative for Patent Infringement Case by Boston Heart Diagnostics

District Judge F. Dennis Saylor IV anesthetized Boston Heart Diagnostics Corp.’s patent infringement suit against Health Diagnostics Laboratory, Inc. in Massachusetts federal court, staying the case pending an ex parte reexamination of the patent filed by Health Diagnostics. The case involves U.S. Patent No. 8,455,194, covering claims on diagnostic methods for detecting the susceptibility of an … Continue Reading
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