Here is a report on recent news and commentary related to the Federal Circuit and its cases. Today’s report highlights:
- a blog post about some of the most common claim drafting issues “for biotech, chemical and pharma patent applications”;
- an article about how “VLSI Technology LLC plans to appeal an administrative ruling that wiped out 12 of its microchip patent claims”; and
- another article about “Jazz Pharmaceuticals Inc. . . . [urging] the Federal Circuit to undo a federal injunction forcing it to delist a narcolepsy drug-related patent.”
Debora Plehn-Dujowich and Angela Dallas Sebor co-authored a blog post for IPWatchdog about some of the most common claim drafting issues “for biotech, chemical and pharma patent applications.” Plehn-Dujowich and Dallas Sebor indicated that, while there are different standards for claim construction “between the USPTO examination process and post-grant and court proceedings,” they maintain that “the differing claim construction [standards] . . . probably will not change one’s claim drafting strategies.”
Michael Shapiro wrote an article for Bloomberg Law about how “VLSI Technology LLC plans to appeal an administrative ruling that wiped out 12 of its microchip patent claims.” Shapiro reported that these patent claims “are also part of a patent infringement lawsuit against Intel Corp. in Northern California.”
Jasmin Jackson published an article for Law360 about “Jazz Pharmaceuticals Inc. . . . [urging] the Federal Circuit to undo a federal injunction forcing it to delist a narcolepsy drug-related patent from the U.S. Food and Drug Administration’s Orange Book.” Jackson explained that this injunction comes as part of Jazz’s “infringement litigation against Avadel CNS Pharmaceuticals LLC over sleep disorder drug Xyrem.” Jackson reported that Jazz claims the order “erroneously directs the Xyrem maker to delist an approved patent coverage a method for using the drug.”