By Tom Irving and Michelle E. O’Brien In a much-anticipated decision, today the Supreme Court affirmed invalidity of two Amgen patents in Amgen Inc., et al. v. Sanofi, et al. (Case No. 21-757), with Justice Gorsuch writing for a unanimous Court. The case is of particular interest because it pits one brand pharma company, [...]
By Tom Irving and Michelle E. O’Brien As the co-authors predicted in their presentation at the IPO annual meeting last year, today the Supreme Court denied certiorari in Teva Pharms. USA, Inc. v. GlaxoSmithKline LLC, Case No. 22-37. The materials presented during that meeting, which were prepared with the assistance of Stacy Lewis of [...]
Marbury Partner Ben Mazahery is presenting the "Patent Year in Review" at this year's Continuing Legal Education (CLE) program hosted by the Kansas Bar Association. In addition to various other insightful topics, he will discuss the ongoing complexities of 35 U.S.C. § 101, particularly its implications for the Tech and Biotech Diagnostics sectors. Intellectual Property Law [...]
Marbury Senior Partner, Tom Irving, was thrilled to be featured on a podcast hosted by his friend, Eli Mazour, for one of the much-followed Clause 8 episodes. Unscripted, Eli covered a host of topics ranging from how Tom has helped build valuable patent portfolios for innovator pharmaceutical companies and start-ups, including several successful multi-billion dollar [...]
By Christine Norris, Michelle E. O’Brien, and Tom Irving The simple one letter word, “a” continues to spawn significant ambiguity in U.S. patent claim construction. We have seen the Federal Circuit interpret the term “a” open-endedly to leave room for plural claim elements (one or more), or as inferring a singular claim element (one). The [...]
