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Mar 15, 2024 | 
mondaq.com | Chantelle Ankerman
Earlier today the Federal Circuit in Maxell v. Amperex,
No. 23-1194, vacated a District Court's indefiniteness
determination after distinguishing an indefinite patent claim
having contradictory claim limitations from a patent claim having a
second limitation that narrows (albeit inartfully) the first
limitation.
I summarized the facts of this case in my earlier posts of
February 6, 2024 and
February 21, 2024.
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Mar 7, 2024 | 
jdsupra.com | Chantelle Ankerman
Earlier today the Federal Circuit in Maxell v. Amperex, No. 23-1194, vacated a District Court’s indefiniteness determination after distinguishing an indefinite patent claim having contradictory claim limitations from a patent claim having a second limitation that narrows (albeit inartfully) the first limitation. I summarized the facts of this case in my earlier posts of February 6, 2024 and February 21, 2024.
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Feb 29, 2024 | 
mondaq.com | Chantelle Ankerman
To follow up on my February 6, 2024 post, Federal Circuit Judges Prost, Taranto,
and Chen heard oral argument on February 9, 2024 in Maxell v. Amperex, No. 23-1194, concerning a claim term that the
District Court had found indefinite, rendering U.S. Patent No.
9,077,035 invalid.
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Feb 21, 2024 | 
jdsupra.com | Chantelle Ankerman
To follow up on my February 6, 2024 post, Federal Circuit Judges Prost, Taranto, and Chen heard oral argument on February 9, 2024 in Maxell v. Amperex, No. 23-1194, concerning a claim term that the District Court had found indefinite, rendering U.S. Patent No. 9,077,035 invalid.
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Feb 15, 2024 | 
mondaq.com | Chantelle Ankerman
Claim terms are usually given their ordinary meaning in light of
the intrinsic evidence, but what if the ordinary meaning of two
claim terms presents an obvious contradiction? That is the issue
that the Federal Circuit will address when it hears oral argument
in Maxell v. Amperex Tech., No. 23-1194 on February 9,
2024.
Maxell appeals a partial final judgment under rule 54(b) from
the Western District of Texas, holding invalid as indefinite all
claims of U.S. Patent No. 9,077,035.
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Feb 7, 2024 | 
jdsupra.com | Chantelle Ankerman
Claim terms are usually given their ordinary meaning in light of the intrinsic evidence, but what if the ordinary meaning of two claim terms presents an obvious contradiction? That is the issue that the Federal Circuit will address when it hears oral argument in Maxell v. Amperex Tech., No. 23-1194 on February 9, 2024. Maxell appeals a partial final judgment under rule 54(b) from the Western District of Texas, holding invalid as indefinite all claims of U.S. Patent No. 9,077,035.
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Dec 22, 2023 | 
mondaq.com | Ted Mathias |Ross Blau |Chantelle Ankerman
On October 31, 2023, FDA approved Amgen's Wezlana
(ustekinumab-auub) as a biosimilar to and interchangeable with
Janssen's Stelara (ustekinumab). Stelara has been selected by
the Center for Medicare & Medicaid Services ("CMS")
as one of the first 10 drugs subject to the Inflation Reduction
Act's ("IRA's") price negotiations. Because of
price caps that the IRA will impose on Stelara, Wezlana will face a
different competitive landscape than the 6 interchangeables for
other drugs approved to date.
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Dec 15, 2023 | 
jdsupra.com | Chantelle Ankerman |Ross Blau |Ted Mathias
On October 31, 2023, FDA approved Amgen’s Wezlana (ustekinumab-auub) as a biosimilar to and interchangeable with Janssen’s Stelara (ustekinumab). Stelara has been selected by the Center for Medicare & Medicaid Services (“CMS”) as one of the first 10 drugs subject to the Inflation Reduction Act’s (“IRA’s”) price negotiations. Because of price caps that the IRA will impose on Stelara, Wezlana will face a different competitive landscape than the six interchangeables for other drugs approved to date.
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Dec 14, 2023 | 
ipwatchdog.com | Chad Landmon |Chantelle Ankerman
“All eyes in the IP world are typically focused on the Federal Circuit and Supreme Court, but these district court decisions shed valuable light on the directions the law may take as we head into 2024.”Although the proceedings before federal district courts may not garner as much attention as those of the U.S. Court of appeals for the Federal Circuit or the Supreme Court, they can be an important proving ground for the decisions rendered by those courts. And 2023 was no exception to that rule.
