Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

The Intellectual Property StrategistColumns & DepartmentsIntellectual PropertyLitigationPatent Licensing and TransactionsPatent Litigation

IP News

By Jeff Ginsberg and J. Jay Cho
July 01, 2023

Federal Circuit Examines the Analogous Art Test

On May 9, 2023, a Federal Circuit panel consisting of Judges Reyna, Mayer and Cunningham issued a precedential opinion, authored by Judge Cunningham, in Sanofi-Aventis Deutschland GmbH v. Mylan Pharm. Inc., Case No. 2021-1981. Patent owner Sanofi appealed from an inter partes review (IPR) Board's decision finding Sanofi's U.S. Patent No. RE47,614 (the "614 Patent") invalid as obvious, arguing that Mylan failed to assert that a prior art reference is analogous to the challenged patent and instead asserted that the reference is analogous to another prior art reference. Slip Op. at 2. The Federal Circuit agreed finding that the analogousness test was not based on the challenged patent and, therefore, Mylan did not meet its burden of establishing obviousness. Id. As a result, the Federal Circuit reversed the Board's decision.

Sanofi's 614 Patent relates to a drug delivery device that can be configured to allow setting of different dose sizes by using a "spring washer" that can exert a force on the cartridge and secure the cartridge against movement. Id. at 2-3. All claims of the 614 Patent require a "spring washer" secured by "at least two fixing elements." Id. at 3.

This premium content is locked for The Intellectual Property Strategist subscribers only

  • Stay current on the latest information, rulings, regulations, and trends
  • Includes practical, must-have information on copyrights, royalties, AI, and more
  • Tap into expert guidance from top entertainment lawyers and experts

For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473

Read These Next
The DOJ's Corporate Enforcement Policy: One Year Later Image

The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.

Use of Deferred Prosecution Agreements In White Collar Investigations Image

This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.

The DOJ's New Parameters for Evaluating Corporate Compliance Programs Image

The parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.

CLE Shouldn't Be the Only Mandatory Training for Attorneys Image

Each stage of an attorney's career offers opportunities for a curriculum that addresses both the individual's and the firm's need to drive success.

A defendant in a patent infringement suit may, during discovery and prior to a <i>Markman</i> hearing, compel the plaintiff to produce claim charts, claim constructions, and element-by-element infringement analyses.