Samuel Henderson Translations

Professional legal and patent translations

15 means 15, US court concludes in pharma patent case


On July 5, Chief Judge Stark of the Delaware District issued a claim construction opinion in the pharmaceutical patent case of Noven v. Actavis.  The patent at issue is US Patent No. 8,231,906, “Transdermal estrogen device and delivery.” Like many US pharmaceutical patent cases, this one arises under the Hatch-Waxman framework, in which a generic manufacturer submits an Abbreviated New Drug Application to the FDA and thereby creates a constructive.. Read More

Federal Circuit rules on claim construction in Genzyme v. Biomarin

On June 14, 2016, the Court of Appeals for the Federal Circuit issued its opinion in the patent case Genzyme Therapeutic Products v. Biomarin Pharmaceutical, docket number 15-1720. Judge Bryson wrote for the three-judge panel. The case was appealed from an inter partes review proceeding before the United States Patent Trial and Appeals Board (PTAB). The patents at issue were US patents 7351410 and 7655226, both of which are directed.. Read More

If you put it in, is it an input? In Redbox case, court dances around the deep questions

A Redbox kiosk in Indianapolis. ( Valerie Everett , via Wikimedia Commons .) The ongoing patent suit between Redbox and VendoNet reached another turning point on January 8, when the Northern District of Illinois issued a second claim construction order that rejected VendoNet’s motion for reconsideration and also delved deeper into the question of what an “input device” is. The court declined to rule on the underlying question of whether.. Read More

Generic drugmaker loses in Hatch-Waxman patent case

Structure of bivalirudin, via Wikimedia Commons. Life is short, the art long, opportunity fleeting, experiment perilous, decision difficult. The world has changed beyond measure since Hippocrates laid down that maxim 2400 years ago. Yet that fundamental difficulty of knowing what to expect in the context of medicine was at the heart of a cutting-edge pharmaceutical patent decision that Judge Amy J. St. Eve handed down in the Northern District of.. Read More

7th Circuit doesn’t take Whirlpool to the cleaners

A modified version of this post, coauthored with Andrew Kitchel, has been posted on Valpo Law Blog. A Whirlpool washing machine (but probably not one of the machines at issue), via Pavel Ševela / Wikimedia Commons.   On October 16, the Seventh Circuit ended a nine-year battle between Whirlpool and a former supplier that combined aspects of contract and patent law. The court ruled that the companies had a license.. Read More

How many patent law decisions has the US Supreme Court issued?

Reading and writing about the Alice decision and its fallout got me wondering: how many patent decisions has the Supreme Court issued altogether? Like most “simple” questions, it turns out that this one doesn’t have a very straightforward answer. But the number is somewhere in the 600-900 range. Inspired by the “breakfast experiments” over on Language Log, I set out to answer the question. But by the time I was.. Read More

Software patent survives motion to dismiss

Cross-posted from Valpo Law Blog.   On September 29th, Judge Virginia Kendall of the Northern District of Illinois denied Citigroup’s motion to dismiss a patent infringement suit brought by Card Verification Solutions, LLC, based on a software patent. This was the first time any Illinois or Indiana court applied the Supreme Court’s Alice v. CLS Bank decision from earlier this year, in which the high court substantially raised the bar.. Read More

Another design patent bites the dust

Cross-posted from Valpo Law Blog. Maat, the ancient Egyptian goddess of law, via Wikimedia Commons On September 3, the Southern District of Indiana granted summary judgment for the defendants in Butler v. Balkamp Inc., a patent case. Cars and car parts are a huge part of the Indiana economy, so it’s no surprise that this rare Hoosier patent case is automotive-related. The patent in suit was D500,646, a design patent.. Read More