Intellectual Property, Fitzpatrick, Cella, Harper & Scinto updates

USA

Contributed by Fitzpatrick, Cella, Harper & Scinto
Federal Circuit clarifies application of post-America Invents Act on-sale bar
  • USA
  • May 22 2017

The Federal Circuit panel recently held four pharmaceutical patents invalid under the on-sale bar of 35 USC Section 102(b). Under the post-America Invents Act version of Section 102(b), public disclosure of the existence of the sale of a patented item may suffice to invalidate a patent under the on-sale bar, even if the details of the invention are not publicly disclosed in the terms of sale.

Supreme Court hears oral argument in Sandoz Inc v Amgen Inc
  • USA
  • May 15 2017

The Supreme Court recently heard oral argument in Sandoz Inc v Amgen Inc on two questions regarding the Biologics Price Competition and Innovation Act. If the court affirms Sandoz's position on these issues, sponsors will need to carefully consider how to prepare for and undertake declaratory judgment actions, perhaps within a compressed time frame and with little knowledge at the outset of the proposed biosimilar or its manufacturing process.

Supreme Court hears oral argument in Heartland
  • USA
  • April 24 2017

The Supreme Court recently heard oral argument in TC Heartland LLC v Kraft Food Brands Group LLC. The case concerns the application of part of the general venue statute which allows a corporation to be sued in multiple districts. If the court rules in TC Heartland's favour, the venue in patent cases could potentially be limited to those districts where the defendant is incorporated or has a regular and established place of business.

Supreme Court hears oral argument in Impression Products Inc v Lexmark Int'l Inc
  • USA
  • April 17 2017

The Supreme Court recently heard oral argument in Impression Products Inc v Lexmark Int'l Inc on whether a patentee's US patent rights may be exhausted by certain conditional US sales or by foreign sales of a patented item, acknowledging that these would disrupt settled expectations and present serious consequences.

Test determining whether designs on useful articles are eligible for copyright protection
  • USA
  • April 10 2017

While federal copyright laws unquestionably allow protection for original works of art, copyright eligibility has been less clear in situations where artistic designs are incorporated into articles with utilitarian features. In a recent decision, the Supreme Court clarified the test for determining whether artistic elements incorporated into a useful article are eligible for copyright protection.


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