Knobbe/Martens: Intellectual Property Law

Yinan Lin, Ph.D.

Lack of Evidence of Efficacy Invalidates Patent on Combination Drug

Nuvo Pharmaceuticals v. Dr. Reddy’s Laboratories, Inc.
Before Prost, Clevenger, and Wallach.  Appeal from the U.S. District Court for the District of New Jersey.

Summary: Written description is not satisfied when the claimed drug is understood to be ineffective by a person skilled in the art and the description includes only making and using the drug.

Natural Alternatives International, Inc. v. Creative Compounds, LLC.: Dietary Supplement Containing A Natural Product Incorporated into a Dosage Form is Patent Eligible

In Natural Alternatives International, Inc. v. Creative Compounds, LLC., Appeal No. 2018-1295, a divided panel of the Federal Circuit reversed and remanded a decision by the District Court for the Southern District of California that granted a judgment on the pleading holding the asserted claims invalid as not patent eligibile.



January 16, 2019 Yinan Lin, Ph.D. and Christie Matthaei

Before Moore, Reyna, and Chen.  Appeal from the Trademark Trial and Appeal Board.

Summary: The TTAB must consider Applicant’s evidence and argument as to an absence of actual confusion during the period of concurrent use of allegedly confusing marks.


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