Here is a report on recent news and commentary related to the Federal Circuit and its cases. Today we highlight:
- a blog post reviewing a recent Federal Circuit opinion and arguing a “defendant who is temporarily excluded from the market on the basis of a patent that turns out, ex post, to have been either invalid or not infringed (or otherwise unenforceable)” should be “compensated for the interim losses it suffers”;
- an article suggesting that “[s]atisfying the written description and enablement requirements has emerged as a significant challenge in patenting [antibody-drug conjugates] inventions in the U.S.”;
- an article by Former Federal Circuit Judge Kathleen O’Malley “reflecting not only on what the Founders rejected, but on what they tried to build”; and
- an article highlighting that “President Donald Trump . . . threatened a 100% tax on imports from any country that imposes a tax on digital services from United States companies.”
Thomas Cotter wrote a blog post for Comparative Patent Remedies reviewing a recent Federal Circuit opinion and arguing a “defendant who is temporarily excluded from the market on the basis of a patent that turns out, ex post, to have been either invalid or not infringed (or otherwise unenforceable)” should be “compensated for the interim losses it suffers.” Cotter notes that, “[i]n some countries, . .. the wrongly-excluded defendant is presumptively entitled to full compensation, in whatever amount is ultimately proven.” For more information, check out the Federal Circuit’s opinion in Otsuka Am. Pharm., Inc. v. Hetero Labs Ltd.
Xiaoban Xin penned an article for Law360 suggesting that “[s]atisfying the written description and enablement requirements has emerged as a significant challenge in patenting [antibody-drug conjugates] inventions in the U.S.” Xin argues that “when claims specifically cover a subgenus or species, broad genus disclosures in the specification may not be sufficient to support such claims.”
Former Federal Circuit Judge Kathleen O’Malley authored an article for the Ohio Capital Journal “reflecting not only on what the Founders rejected, but on what they tried to build.” O’Malley says that, during her years on the bench, she “saw firsthand how much our constitutional system depends on the steady, often quiet work of people who serve their communities.” O’Malley suggests “disagreement must be channeled through evidence, law, courts, elections, and constitutional order — not threats, rumors, or contempt for every institution that stands in the way of our preferred result.”
Collin Binkley filed an article with the Associated Press highlighting that “President Donald Trump . . . threatened a 100% tax on imports from any country that imposes a tax on digital services from United States companies.” According to Binkley, President Trump “added that the new tax would supersede any previously negotiated trade deals.”