Federal Circuit - The FindLaw Federal Circuit Court of Appeals Opinion Summaries Blog

July 2011 Archives

Linn to Receive Award at ABA Annual Meeting

Federal Circuit Judge Richard Linn will receive the inaugural 2011 Mark T. Banner Award on August 6 at the ABA Section of Intellectual Property Law Luncheon to be held during the ABA Annual Meeting in Toronto, Canada. The award was established to recognize individuals who have made an impact on IP law and practice through extraordinary contributions to teaching, scholarship, innovation, or the judiciary.

Prior to his appointment to the Federal Circuit in 1999, Linn practiced intellectual property law after serving as patent examiner at the U.S. Patent Office from 1965-1968. He is a member of the Intellectual Property Advisory Board of George Washington University Law School, where he was an adjunct professor from 2001-2003. Linn received his bachelor's degree from Rensselaer Polytechnic Institute and law degree from Georgetown University Law Center.

Duramed Loses Patent Infringement Challenge

The Court of Appeals for the Federal Circuit this week affirmed a district court's finding that prosecution history estoppel barred a pharmaceutical manufacturer's allegations of infringement under the doctrine of equivalents.

The plaintiff, Duramed Pharmaceuticals, claimed a patent for conjugated estrogen pharmaceutical compositions for use in a hormone replacement therapy it produces. Because conjugated estrogens are extremely water sensitive and susceptible to moisture degradation in storage, Duramed developed a conjugated estrogen formula that included a moisture barrier coating (MBC) to inhibit the drug's moisture absorption and reduce storage-related degradation.

Duramed filed a patent application on its formulation in July 1995.