In a unanimous panel decision, the Federal Circuit found that Hanmi Pharmaceutical Co. Ltd.’s esomeprazole (Nexium®) does not infringe two AstraZeneca patents listed in the Orange Book for its Nexium® product. AtraZeneca v. Hanmi Pharmaceuticals, No. 13-1490, 2013 U.S. App. LEXIS 25199, (Dec. 19, 2013). AstraZeneca appealed Judge Pisano’s finding from the United States District…
Last week, in a ruling that could be a boon to generic drug makers, the Federal Circuit invalidated claims covering the 0.3% concentration of Differin® (adapalene) acne gel as obvious. Galderma Labs. v. Tolmar, Inc. (Fed. Cir. Dec. 11, 2013). In doing so, the Federal Circuit set forth a potentially far-reaching rule: when a patent…
Nautilus Inc. says yes, according to its certiorari petition, seeking Supreme Court review. The Federal Circuit concluded that Biosig Instrument’s patent claims were sufficiently definite. Nautilus’s petition, along with the petition from amici Electronic Frontier Foundation and Public Knowledge, argue the Federal Circuit’s use of the “insolubly ambiguous” test for determining definiteness is nearly impossible…