Global medical device company Boston Scientific has announced on January 24, 2018, an agreement to make a $90 million investment in privately-held medical device company Millipede, Inc. Millipede has developed a non-invasive solution for repair of the heart’s mitral valve.
When most people think of cattle, they think of Ferdinand the Bull and their favorite steakhouse. The reality of beef production is far from most consumers’ radar.
Before Moore, Reyna, and Taranto. Appeal from the District Court for the Middle District of Florida.
Summary: Allegations in the complaint about how the claimed invention solved problems in the prior art can present factual disputes sufficient to survive a Rule 12(b)(6) motion under §101.
A closely watched case on sovereign immunity, Reactive Surfaces Ltd., LLP, v. Toyota Motor Corp., IPR2017-00572, has now been terminated by the patent owner’s request for adverse judgment.
On January 12, 2018, Judge David P. Shaw issued an order denying Complainant Wirtgen America, Inc.’s (“Wirtgen America”) motion for summary determination on the economic prong of the domestic industry requirement in Certain Road Milling Machines and Components Thereof, Inv. No. 337-TA-1067.
Attorneys Kerry S. Taylor, Ph.D. and Scott R. Seeley authored “Federal Circuit’s Treatment of Alleged APA Violations at the PTAB” which was published in the January 31, 2018 edition of…
Before Lourie, O’Malley, and Wallach. Appeal from the Patent Trial and Appeal Board.
Summary: The PTAB’s finding that an element in a prior art reference is “similar to” a claim limitation, without further explanation, is insufficient to support a finding of anticipation.
In Medicines Co. v. Hospira, Inc., 2014-1469; 2014-1504 (Dyk, Wallach, Hughes), the Federal Circuit affirmed the district court’s finding of non-infringement but reversed the district court’s determination that an agreement to distribute the Angiomax drug product did not constitute an offer for sale under 102(b). The panel remanded for a determination of whether the agreement covered the patented invention. This holding, and the prior en banc holding of the Court in Medicines Co. v. Hospira, Inc., 827 F.3d 1363 (Fed. Cir. 2016) (Medicines I), help clarify what may be an invalidating “offer for sale” or “sale” under 35 U.S.C. § 102(b).
On January 31, two Seattle biotech companies, Seattle Genetics and Cascadian Therapeutics, announced a merger agreement under which Seattle Genetics will acquire Cascadian Therapeutics for $614 million.[1]
Da Volterra, a biotech company developing products in the antibacterial field, has announced results in a human clinical trial for DAV132, a product said to prevent life-treating bacterial infections during antibiotic treatments.
