Samuel Henderson Translations

Professional legal and patent translations

“Disclosed but not claimed is disclaimed”

The Supreme Court of the Netherlands (De Hoge Raad) ruled on an interesting question of patent claim scope earlier this year.  The case, Bayer/Sandoz, ECLI:NL:HR:2016:196, involved a much-litigated patent on the synthesis of drospirenone, a component of some birth control products. The question at issue was whether, because the claims mentioned only a ruthenium catalyst while the specification also disclosed the use of other metals as catalysts, the claims could.. Read More

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

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