Claims Not Obvious Over Prior Art Aren’t Enabled By That Art

2008-1594 Janssen Pharma v. TevaIn re: '318 Patent Infringement LitigationD/DE 05-356Judge Sue Robinson Plaintiff Janssen appeals from the judgment of Judge Sue Robinson, after a bench trial, finding 4,663,318 invalid as not enabled under § 112 ¶ 1.  The patent relates to the treatment of Alzheimer's disease with galanthamine and is sold by Janssen as [...]

Mircera® Case Early Test For Recent Pfizer Decision

2008-1300 Amgen v. F Hoffman-LaRocheD/MA 05-cv-12237 Defendant Hoffman-LaRoche appeals from the post-trial preliminary injunction issued by Judge William Young following a jury verdict that Amgen’s patents were infringed by Hoffman-LaRoche’s Mircera® and were valid.  A preliminary injunction after trial is a little unusual, but the court indicated that it was struggling with the public interest [...]

Ariad’s Patent On NF-κB Inhibitors Valid and Infringed by Lilly

2008-1248 Ariad Pharm v. Eli LillyD/MA 02cv11280 Defendant Eli Lilly appeals form Judge Rya Zobel’s denial of its JMOL following a jury verdict that its Xigris and Evista products infringe 6,410,516.  The jury rejected all of Lilly’s invalidity and unenforceability arguments, and plaintiffs were awarded approximately $65 million plus future royalties.   The ’516 is generally [...]

Faked Test and Inoperable Process Dooms Patent

2008-1203 Use Techno v. Kenko USAND/CA 06-CV-02754 Plaintiff Use Techno appeals the grant of summary judgments in favor of defendants. Use Techno et al. are in the business of, and have patents related to, extracting corosolic acid from Banaba plants for use in lower human blood sugar levels.  They sued defendants Kenko USA and others [...]

Fingerprint Encryption Patent Invalid Under §112

2008-1189 Intl Automated v. Digital Persona D/UT 2:06cv72 International Automated Systems appeals Judge Dee Benson’s grant of summary judgment on invalidity to defendants Digital Persona and Microsoft.  IAS is the exclusive licensee of 5,598,474 directed to encrypting fingerprints onto the magnetic strip of an ID card. After construing various disputed claim terms, including several of [...]