• Jazz Pharms: Federal Register; Public Notice; and Printed Publications

    Jazz Pharms., Inc. v. Amneal Pharms., Inc., — F.3d —, 2018 U.S. App. LEXIS 19268 (Fed. Cir. 2018)

    The patented invention at issue in Jazz Pharms is not a drug or drug treatment, but rather to a “drug distribution system for tracking prescriptions” for drugs with a risk of abuse[1]  The PTAB found claims from all six patents to be invalid as obvious.

    The core issue on appeal was whether a pre-filing disclosure by Jazz counted as a prior art “printed publication.”

    Printed Publication: As the language suggests, a “printed publication” must be both “printed” and also a “publication.”  These requirements though have been broadly construed.  “Printed” publications go well beyond physical hard-copies to allow for various media – including video and online forms.  To be a “publication,” the reference needs to be made sufficiently available to the public – publication.  In the leading case of In re Hall,[2] the Federal Circuit explained that accessibility to the relevant public is key – we ask “whether interested members of the relevant public could obtain the information if they wanted to.”  Although the court has developed a number of guide posts, the question of sufficient availability is seen as a factual inquiry handled on a case-by-case basis.

    Continue reading Jazz Pharms: Federal Register; Public Notice; and Printed Publications at Patently-O.

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  • Life Sciences Court Report

    By Bryan Helwig — About Life Sciences Court Report: We will periodically report on recently filed biotech and pharma litigation. Celgene Corp. v. Synthon Pharmaceuticals, Inc. 2:18-cv-10775; filed June 19, 2018 in the District of New Jersey (Newark) • Plaintiffs: Celgene Corp. • Defendants: Alvogen Pine Brook, LLC; Synthon BV; Synthon Pharmaceuticals, Inc.; and Synthon S.R.O Claim: Infringement of U.S. Patent Nos.: • 8,198,262: ″Methods for treating multiple myeloma using 4-(amino)-2-(2,6-dioxo(3-piperidyl))-isoindoline-1,3-dione″ • 8,673,939: ″Methods for treating multiple myeloma with 4-(amino)-2-(2,6-dioxo(3-piperidyl))-isoindoline-1,3-dione″ • 8,735,428: ″Methods for treating multiple myeloma with 4-(amino)-2-(2,6-dioxo(3-piperidyl))-isoindoline-1,3-dione″ • 8,828,427: ″Formulations of 4-amino-2-(2,6-dioxopiperidine-3-yl)isoindoline-1,3-dione″ Synoposis: Celgene claims Infringement of the…

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  • Conference & CLE Calendar

    July 17, 2018 – “Drafting and Defending Software Patents to Survive Section 101 and AIA Challenges — Anticipating and Minimizing the Risk of 101, 103 Rejections, Recent Court Guidance” (Strafford) – 1:00 to 2:30 pm (EDT) July 17, 2018 – Technology Cen…

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    後述

    (BELOW)
    $$ The ion mobility spectrometer or separator 3 may take a number of different forms which will be discussed in more detail below. / イオ…

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  • Article suggestion

    I find it curious that the Federal Circuit only publishes the names of its panel members on the morning of an oral argument.  Some of the other circuit courts of appeal publish the names of the panel members far longer in advance. For example, the Tenth Circuit has already published panel membership for arguments two […]

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