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Federal Circuit Affirms No Infringement in Pharmaceutical Patent Dispute Over pH Measurement Conditions For Epoprostenol Composition
06/09/2026On May 13, 2026, the U.S. Court of Appeals for the Federal Circuit (Judges Reyna, Taranto, and Stoll) affirmed a decision of the U.S. District Court for the Northern District of West Virginia finding that defendant does not infringe U.S. Patent Nos. 8,318,802 and 8,598,227 (collectively, the “’802” and “’227” patents), either literally or under the doctrine of equivalents. Actelion Pharmaceuticals Ltd v. Mylan Pharmaceuticals Inc., No. 2024-1641 (Fed. Cir. May 13, 2026). The decision addresses how pH measurements recited in pharmaceutical patent claims should be interpreted, and the application of prosecution history estoppel and the disclosure-dedication rule to bar equivalents-based infringement theories.
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U.S. Supreme Court Holds Generic Manufacturer’s “Skinny Label” and Marketing Did Not Induce Patent Infringement
06/09/2026On June 4, 2026, Justice Ketanji Brown Jackson, writing for a unanimous Supreme Court of the United States, reversed a decision by the United States Court of Appeals for the Federal Circuit and held that Amarin Pharma, Inc. failed to plausibly allege that Hikma Pharmaceuticals USA Inc. actively induced patent infringement through its generic version of Vascepa under 35 U.S.C. § 271(b). Hikma Pharmaceuticals USA Inc. v. Amarin Pharma, Inc., No. 24-889 (U.S. June 4, 2026). Plaintiff alleged that the totality of defendant’s statements across its “skinny label,” website, patient leaflet, and press releases induced physicians to prescribe defendant’s generic drug for plaintiff’s patented cardiovascular use.Categories: Generic Drugs, Induced Infringement, Infringement, IP in the Supreme Court, Patent, Supreme Court
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Federal Circuit Vacates $300 Million Damages Award Due To Flawed Verdict Form
07/02/2025On June 16, 2025, the U.S. Court of Appeals for the Federal Circuit (“CAFC”) vacated a $300 million damages award because the district court used a flawed verdict form, which included only a single, blanket question as to infringement when the case involved five asserted patents. Optis Cellular Tech., LLC v. Apple Inc., No. 2022-1904, 2025 WL 1680253 (Fed. Cir. June 16, 2025).
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Federal Circuit Affirms Non-Infringement At Summary Judgment On “Document Stream” Patents In Mirror Worlds Technologies, LLC v. Meta Platforms, Inc.
12/11/2024Mirror Worlds Technologies, LLC ("Mirror Worlds") owns U.S. Patent Nos. 6,006,227; 7,865,538; and 8,255,439, which claim methods for storing, organizing, and presenting data in time-ordered streams on a computer system. In 2017, Mirror Worlds filed suit against Meta Platforms, Inc. (formerly Facebook, Inc.) in the U.S. District Court for the Southern District of New York (“District Court”), alleging that several Facebook features infringed the patents.
