IP Newsflash Blog

Results from Phase I and II Clinical Trials and Pending Phase III Clinical Trial Insufficient to Render Obvious Method of Treating Cancer

July 26, 2023District Court, District of Delaware, Patent Litigation, Invalidity

In an ANDA case in the District of Delaware, the court has rejected an obviousness challenge to a patented method of increasing survival in patients having prostate cancer. The court found that early clinical trial results and an ongoing Phase III study provided “hope” that the method would work, but not a reasonable expectation of success.

Mar 7, 2023

District Court Granted Summary Judgment of Invalidity Because the Patent for Cochlear Implants Recited the Patent Ineligible Abstract Idea of Communicating Information Wirelessly

Sep 30, 2020

N.D. Ill.: Neither Statutory Estoppel nor “Misleading” Statements Regarding Its Scope Sufficient to Knock Out Invalidity Defenses

Feb 21, 2020

District Court Rejects Plaintiff’s Bid to Extend IPR Estoppel to Institution Denials

Aug 30, 2019

Estoppel in District Court Applies to Prior Art that Does Not Differ Substantively—and in a Manner Germane to Invalidity—from that Asserted in IPR

May 3, 2019

Attorneys’ Fees Award for Plaintiff’s Inadequate Pre-Suit Infringement Investigation Affirmed Even Though Trial Court Never Reached Merits of Infringement

Jan 22, 2018

Federal Circuit Erases $48.5 Million Damages Award, Vacating Decisions on Invalidity, Damages, and Willfulness in Lawn Mower Manufacturer Dispute