GE Healthcare announced on December 21, 2021, that it has completed the $1.45 billion acquisition of BK Medical from Altaris Capital Partners. According to the press release, the acquisition expands GE Healthcare’s $3 billion ultrasound business from diagnostics into surgical and therapeutic interventions and adds to GE Healthcare’s capability in the fast-growing advanced surgical visualization segment.
INTEL CORPORATION v. QUALCOMM INCORPORATED
Before Prost, Taranto, and Hughes. Appeal from the Patent Trial and Appeal Board.
Summary: Indefinite claims do not preclude patentability analysis at the PTAB.
INTEL CORPORATION v. QUALCOMM INCORPORATED
Before Prost, Taranto, and Hughes. Appeal from the Patent Trial and Appeal Board.
Summary: A “generic” motivation to combine that has broad appeal or applicability is not deficient so long as it is supported by more than conclusory expert testimony.
On December 13, Baxter International Inc. (“Baxter”) announced the completion of one of the biggest medtech acquisitions of 2021, acquiring Hillrom (a global medical equipment maker headquartered in Chicago) for a purchase price of ~$10.5 billion. The deal had originally been announced by Baxter in September 2021.
(December 13, 2021) Two pharmaceutical companies have issued recalls in December due to manufacturing issues that may impact the safety and quality of their drug products.
On November 16, 2021, Miramax, LLC (“Miramax”) brought claims of breach of contract, copyright infringement, trademark infringement, and unfair competition against director Quentin Tarantino. A copy of the complaint can be found here. Miramax alleges that Tarantino planned to auction off Pulp Fiction Non-Fungible Tokens (“NFT”) comprised of “seven uncut Pulp Fiction Scenes” which include “scans of some pages of the Pulp Fiction script.” For example, the website for the NFT sales states that a digital version of the film’s iconic “Royale with Cheese” scene will also be up for auction. These Pulp Fiction NFTs allegedly hold “previously unknown secrets of [] specific iconic scene[s]” from the movie. The recent explosive demand for NFTs – tokens using distributed ledger technologies (e.g., Ethereum) used to represent ownership of unique items- has caused artists, creators and intellectual property holders to consider monetizing their digital options.
On December 1, 2021, RefleXion Medical, Inc. (“RefleXion”), announced that the U.S. Food and Drug Administration (“FDA”) has granted the company breakthrough device designation for its biology-guided radiotherapy (“BgRT”) for lung tumors.
TEVA PHARMACEUTICALS USA, INC., v. CORCEPT THERAPEUTICS, INC.
Before Moore, Newman, and Reyna. Appeal from the Patent Trial and Appeal Board.
Summary: Limitations, such as specific drug doses, in claim language can impact the application of the reasonable expectation of success analysis for obviousness.
ASTRAZENECA AB v. MYLAN PHARMACEUTICALS INC.
Before: Taranto, Hughes, and Stoll
Summary: For purposes of claim construction, intrinsic evidence can trump the plain and ordinary meaning of scientific conventions such as significant figures.
Johnson & Johnson announced on November 12, 2021, that it is planning to separate its Consumer Health Business and create a new publicly traded Consumer Health Company. The press release states that the planned separation is expected to provide enhanced operational performance, drive growth, and unlock significant value.
