May 14, 2019
The Federal Circuit on Tuesday upheld a Patent Trial and Appeal Board decision invalidating a patent on Johnson & Johnson's blockbuster prostate cancer drug Zytiga, while leaving open a larger question about the reach of estoppel in America Invents Act reviews.
March 14, 2019
A Federal Circuit panel Thursday seemed reluctant to rule on a novel argument by a Johnson & Johnson unit, which claims the America Invents Act bars patent challengers who convince the U.S. Patent Office's administrative court to invalidate a patent from repeating those successful arguments in parallel litigation before a federal district court.
February 25, 2019
Warning of high drug prices and a destabilization of America Invents Act reviews, the generic drug industry's top trade group urged the Federal Circuit on Friday not to adopt the view that patent challengers successful in AIA review can't reuse their arguments in district court.
February 19, 2019
The America Invents Act doesn't stop patent challengers who won at the Patent Trial and Appeal Board from pursuing their winning arguments in court, and blocking that judicial path would lead to "absurd results," a group of generic-drug makers told the Federal Circuit on Tuesday.
February 08, 2019
The U.S. Patent and Trademark Office's view that parties successful in getting patents invalidated in inter partes reviews cannot reuse their arguments in court could, if adopted by the Federal Circuit, significantly shake up litigation strategy, especially in drug cases, attorneys say.
February 04, 2019
The America Invents Acts prohibits parties that succeed in getting patents invalidated in inter partes review from repeating their winning arguments in district court, the U.S. Patent and Trademark Office told the Federal Circuit on Friday, while admitting such a rule is "counterintuitive."
December 04, 2018
A district court judge was wrong to invalidate a patent for a Johnson & Johnson unit's blockbuster cancer drug Zytiga, the company told the Federal Circuit, arguing that the lower court had ignored an America Invents Act provision in finding the patent was obvious.
November 21, 2018
Janssen Biotech Inc. said on Tuesday it was going to sprint to the U.S. Supreme Court after the Federal Circuit refused to block sales of generic versions of Zytiga while Janssen appeals a ruling that invalidated a patent on the blockbuster oncology medication.