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Tenth Circuit Holds That Published Scientific Studies Are Inactionable Opinion In A Lanham Act False Advertising Case, But Company’s Promotional Use Of The Studies May Be Actionable
The Patent Eligibility Restoration Act: <em>Where Things Stand After the Senate Judiciary Committee’s First Full-Committee Hearing</em>
Federal Circuit Affirms JMOL Overturning $107.5 Million Jury Award: Patents Do Not Enable Unit Dosages For Treatment Of A Patient
  • Federal Circuit Affirms JMOL Overturning $107.5 Million Jury Award: Patents Do Not Enable Unit Dosages For Treatment Of A Patient
    08/04/2026
    In Wyeth LLC v. AstraZeneca Pharmaceuticals LP, No. 2024-2325 (Fed. Cir. July 9, 2026), the Federal Circuit affirmed the District of Delaware’s grant of judgment as a matter of law that asserted patent claims directed to methods of treating gefitinib- or erlotinib-resistant non-small cell lung cancer (NSCLC) were invalid for lack of enablement under 35 U.S.C. § 112(a).  The Court affirmed the district court’s determination on JMOL that the patent specifications did not enable a person of ordinary skill in the art to determine, without undue experimentation, therapeutically effective daily dosages across the full scope of the claims.  At trial, a jury had found the asserted claims of the patents not invalid and infringed, and awarded $107.5 million in damages.  However, enablement is a question of law based on underlying facts, and is therefore amenable to resolution on JMOL.
    Categories: Enablement,  Federal Circuit,  JMOL
  • Federal Circuit Affirms The ITC’s Finding Of Invalidity Of Water-Filter Patent
    11/04/2025
    In Brita LP v. Int’l Trade Comm’n, No. 24-1098 (Fed. Cir. Oct. 15, 2025), the Federal Circuit, in a precedential opinion, affirmed the International Trade Commission’s (“ITC” or “Commission”) decision that certain claims of U.S. Patent No. 8,167,141 (“the ’141 patent”) are invalid for lack of written description and lack of enablement.  
    Categories: Enablement,  Written Description