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

August 2012 Archives

USPTO to Host PRPS Preview, First-to-File Roundtable Sept. 6

The U.S. Patent and Trademark Office is hosting two events on Thursday, September 6, to discuss the America Invents Act (AIA) changes to the U.S. patent process.

First up is a preview of the Patent Review Processing System (PRPS) — USPTO's new electronic filing system — at 10 a.m. EST, followed by a First-Inventor-to-File Roundtable at 1:30 p.m. EST. Both events will be available via webinar.

Lily Prevails in Alimta Obvious Double Patenting Challenge

For those of you wondering what David Bowie and Eli Lilly could possibly have in common, the answer is five years.

The Federal Circuit Court of Appeals upheld the validity of Alimta, Lilly's lung cancer drug, on Friday. That means the company won't face generic competition until 2017, reports Bloomberg.

Veterans Can Only Challenge an 'Issue' Once

The Veterans Administration limits a veteran’s challenges to the disposition of a disability claim “issue.” But how is “issue” defined?

The Federal Circuit Court of Appeals considered a single legal question in this case: What does the term “issue” mean for the purpose of VA regulations related to appealability? Is it a disability claim, or is it a theory supporting a disability claim?

Court Limits Federal Employees' Security Clearance Appeals

The Federal Circuit Court of Appeals ruled last week in Berry v. Conyers that federal employees in "noncritical sensitive" positions are out of luck if their agencies decide that they are ineligible to hold their jobs.

Relying on the Supreme Court's decision in Department of the Navy v. Egan, the appellate court concluded that the Merit Systems Protection Board (MSPB) cannot review an agency's determination concerning eligibility of an employee to occupy a "sensitive" position, regardless of whether the position requires access to classified information.

Federal Circuit Still Says Genes Can Be Patented

The Federal Circuit Court of Appeals ruled on Tuesday that isolated human genes can be patented, reports The Wall Street Journal.

This is the second time the Federal Circuit has reached this conclusion. The Supreme Court remanded the case in light of its Mayo Collaborative v. Prometheus decision in March.

Novartis' Alcon Has Part Win, Part Loss on Patanol Patent

Novartis had a good day in the Federal Circuit Court of Appeals this week. It's Alcon unit successfully fought off Apotex Inc. from marketing a generic version of the drug, Patanol.

The Patanol patent expires in 2015 and until then, Apotex is not allowed to sell the eye medication. While Federal Circuit invalidated some parts of the patent, it held other aspects of the patent valid.

Federal Circuit Broadens Hatch-Waxman Safe Harbor

The Federal Circuit Court of Appeals dealt a small victory to Amphastar Pharmaceuticals and Watson Pharmaceuticals in a patent case against Momenta Pharmaceuticals.

Last Friday, the court vacated the grant of a preliminary injunction after the district court denied an emergency motion to dissolve or stay the injunction.

Federal Cir. Gives Raytheon Another Shot at Trade Secrets Case

The Federal Circuit Court of Appeals handed a huge victory to Raytheon Co. this week, giving the defense contractor another shot at pursuing its trade secret violation claims against Flir Systems Inc., reports Bloomberg News.

The case, which had been dismissed by a district court, has now been remanded. The three-judge panel of the Federal Circuit Court of Appeals ruled that the district court had dismissed the case in error when it granted Indigo’s motion for summary judgment.