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Abbott Labs. V. Sandoz, Inc.
''Abbott v. Sandoz'', 566 F.3d 1282 (Fed. Cir. 2009), was a US patent law case argued before the United States Court of Appeals for the Federal Circuit that established a bright-line ruling regarding claims of patent infringement relating to disagreements over so-called “product-by-process” claims. The case was decided on May 18, 2009. Background Abbott Labs Abbott Laboratories is an American multinational medical devices and health care company with headquarters in Abbott Park, Illinois, United States. The company was founded by Chicago physician Wallace Calvin Abbott in 1888 to formulate known d ... had a patent on a specific drug called Omnicef used to combat ear infections. Lupin Limited had a court rule that a generic form of Omnicef it produced did not infringe on Abbott's patent since their process to make the drug was different. After the court had ruled in Lupin's favor, Abbott appealed and the case was combined with several other legal suits against smaller ...
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United States Court Of Appeals For The Federal Circuit
The United States Court of Appeals for the Federal Circuit (in case citations, Fed. Cir. or C.A.F.C.) is a United States court of appeals that has special appellate jurisdiction over certain types of specialized cases in the Federal judiciary of the United States, U.S. federal court system. It has exclusive appellate jurisdiction over all U.S. federal cases involving patents, trademarks, government procurement, government contracts, veterans' benefits, public safety officers' benefits, federal employees' benefits, and various other categories. Unlike other federal courts, the Federal Circuit has no jurisdiction over cases involving Federal crime in the United States, criminal, Bankruptcy in the United States, bankruptcy, Immigration to the United States, immigration, or State law (United States), U.S. state law. Headquartered in Washington, D.C., the Federal Circuit was created in 1982 with passage of the Federal Courts Improvement Act, which merged the United States Court of Cus ...
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Pauline Newman
Pauline Newman (born June 20, 1927) is a United States circuit judge of the United States Court of Appeals for the Federal Circuit. Education and career Born in New York City, New York to Maxwell H. and Rosella G. Newman, Newman received a Bachelor of Arts degree from Vassar College in 1947, a Master of Arts from Columbia University in 1948, a Doctor of Philosophy in chemistry from Yale University in 1952 and a Bachelor of Laws from New York University School of Law in 1958.Joint Committee on Printing, ''Official Congressional Directory, 2011-2012: 112th Congress'' (2012), p. 855. She worked as a research scientist for American Cyanamid from 1951 to 1954. From 1954 to 1984, Newman worked for FMC Corp., for fifteen years (1954–1969) as a patent attorney and in-house counsel, and for another fifteen years (1969–1984) as director of the Patent, Trademark and Licensing Department. From 1961 to 1962 Newman also worked for the United Nations Educational, Scientific and Cultural Org ...
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United States Court Of Appeals For The Federal Circuit Cases
United may refer to: Places * United, Pennsylvania, an unincorporated community * United, West Virginia, an unincorporated community Arts and entertainment Films * ''United'' (2003 film), a Norwegian film * ''United'' (2011 film), a BBC Two film Literature * ''United!'' (novel), a 1973 children's novel by Michael Hardcastle Music * United (band), Japanese thrash metal band formed in 1981 Albums * ''United'' (Commodores album), 1986 * ''United'' (Dream Evil album), 2006 * ''United'' (Marvin Gaye and Tammi Terrell album), 1967 * ''United'' (Marian Gold album), 1996 * ''United'' (Phoenix album), 2000 * ''United'' (Woody Shaw album), 1981 Songs * "United" (Judas Priest song), 1980 * "United" (Prince Ital Joe and Marky Mark song), 1994 * "United" (Robbie Williams song), 2000 * "United", a song by Danish duo Nik & Jay featuring Lisa Rowe Television * ''United'' (TV series), a 1990 BBC Two documentary series * ''United!'', a soap opera that aired on BBC One from 1965-19 ...
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List Of Patent Claim Types
This is a list of special types of claims that may be found in a patent or patent application. For explanations about independent and dependent claims and about the different categories of claims, i.e. product or apparatus claims (claims referring to a physical entity), and process, method or use claims (claims referring to an activity), see Claim (patent), section "Basic types and categories". ''Beauregard'' In United States patent law, a ''Beauregard'' claim is a claim to a computer program written in the form of a claim to an article of manufacture: a computer-readable medium on which are encoded, typically, instructions for carrying out a process. This type of claim is named after the 1995 decision ''In re Beauregard''. The computer-readable medium that these claims contemplate is typically a floppy disk or CD-ROM, which is why this type of claim is sometimes called a "floppy disk" claim. In the past claims to pure instructions were generally considered not patentable b ...
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Cefdinir
Cefdinir, sold under the brand name Omnicef among others, is an antibiotic used to treat pneumonia, otitis media, strep throat, and cellulitis. It is a less preferred option for pneumonia, otitis media, and strep throat which may be used in those with a severe penicillin allergy, allergy to penicillin. It is taken by mouth. Common side effects include diarrhea, nausea, and a skin rash. Serious side effects may include Clostridioides difficile infection, ''Clostridioides difficile'' infection, anaphylaxis, and Stevens–Johnson syndrome. Use in pregnancy and breastfeeding is believed to be safe but has not been well studied. It is a Cephalosporin#Classification, third-generation cephalosporin and works by interfering with a bacteria's ability to make a cell wall resulting in its death. It was patented in 1979 and approved for medical use in 1991. It is available as a generic medication. In 2021, it was the 197th most commonly prescribed medication in the United States, with mor ...
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United States Patent Law
Under United States law, a patent is a right granted to the inventor of a (1) process, machine, article of manufacture, or composition of matter, (2) that is new, useful, and non-obvious. A patent is the right to exclude others, for a limited time (usually, 20 years) from profiting of a patented technology without the consent of the patent-holder. Specifically, it is the right to exclude others from: making, using, selling, offering for sale, importing, inducing others to infringe, applying for an FDA approval, and/or offering a product specially adapted for practice of the patent. United States patent law is codified in Title 35 of the United States Code, and authorized by the U.S. Constitution, in Article One, section 8, clause 8, which states: Patent law is designed to encourage inventors to disclose their new technology to the world by offering the incentive of a limited-time monopoly on the technology. For U.S. utility patents, this limited-time term of patent i ...
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En Banc
In law, an en banc session (; French for "in bench"; also known as ''in banc'', ''in banco'' or ''in bank'') is a session in which a case is heard before all the judges of a court (before the entire bench) rather than by one judge or a smaller panel of judges. ''En banc'' review is used for unusually complex or important cases or when the court feels there is a particularly significant issue at stake. United States Federal appeals courts in the United States sometimes grant rehearing to reconsider the decision of a panel of the court (consisting of only three judges) in which the case concerns a matter of exceptional public importance or the panel's decision appears to conflict with a prior decision of the court. In rarer instances, an appellate court will order hearing ''en banc'' as an initial matter instead of the panel hearing it first. Cases in United States courts of appeals are heard by three-judge panels, randomly chosen from the sitting appeals court judges of tha ...
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Alan David Lourie
Alan David Lourie (born January 13, 1935) is a United States circuit judge of the United States Court of Appeals for the Federal Circuit. Education and career Born in Boston, Massachusetts, Lourie received an BA degree from Harvard College in 1956, a Master of Science in Organic Chemistry from the University of Wisconsin in 1958, a Doctor of Philosophy in Chemistry from the University of Pennsylvania in 1965, and a Juris Doctor from Temple University School of Law in 1970. He was a Chemist for Monsanto Corporation from 1957 to 1959, and then chemist and Patent Agent for Wyeth Labs in Radnor, Pennsylvania from 1959 to 1964. He was in-house counsel, to SmithKline Beecham Corporation from 1964 to 1990. Federal judicial service On January 24, 1990, Lourie was nominated by President George H. W. Bush to a seat on the United States Court of Appeals for the Federal Circuit vacated by Judge Daniel Mortimer Friedman. Lourie was confirmed by the United States Senate on April 5, 1990 ...
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Haldane Robert Mayer
Haldane Robert Mayer (born February 21, 1941) is a Senior United States circuit judge of the United States Court of Appeals for the Federal Circuit. Education and military service Mayer was born in Buffalo, New York, to Haldane and Myrtle Mayer. He was educated in the public schools of Lockport, New York. Mayer was appointed to the United States Military Academy by Representative William E. Miller, and received a Bachelor of Science degree in 1963. Mayer served in the United States Army from 1963 to 1975. He was awarded the Bronze Star, Meritorious Service, and Army Commendation Medals, the Combat Infantryman Badge, Parachutist Badge, Ranger Tab, and Ranger Combat Badge for his service during the Vietnam War. He took leave from the Army to attend the William & Mary Law School, where he was editor-in-chief of the '' William and Mary Law Review''. He graduated first in his class and received his Juris Doctor in 1971. He attended The Judge Advocate General's Legal Center and ...
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Kimberly Ann Moore
Kimberly Ann Moore (née Pace; born June 15, 1968) is an American lawyer and jurist serving as chief United States circuit judge of the United States Court of Appeals for the Federal Circuit. Early life and education Moore was born in Halethorpe, Maryland. Moore received a Bachelor of Science degree in electrical engineering in 1990 and a Master of Science in 1991, from the Massachusetts Institute of Technology. She received her Juris Doctor, ''cum laude'', from the Georgetown University Law Center in 1994. Career From 1988 to 1992, Moore was employed in electrical engineering with the Naval Surface Warfare Center. She worked in private practice as an associate with the law firm of Kirkland & Ellis in Los Angeles, California from 1994 to 1995, and then clerked for United States Circuit Judge Glenn L. Archer Jr. from 1995 to 1997. Moore taught at the Chicago-Kent College of Law from 1997 to 1999 and at the University of Maryland Francis King Carey School of Law from 1999 t ...
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Abbott Laboratories
Abbott Laboratories is an American multinational medical devices and health care company with headquarters in Abbott Park, Illinois, United States. The company was founded by Chicago physician Wallace Calvin Abbott in 1888 to formulate known drugs; today, it sells medical devices, diagnostics, branded generic medicines and nutritional products. It split off its research-based pharmaceuticals business into AbbVie in 2013. The firm has also been present in India for over 100 years through its subsidiary Abbott India Limited, and it is currently India's largest healthcare products company. Among its well-known products across the medical devices, diagnostics, and nutrition product divisions are Pedialyte, Similac, BinaxNOW, Ensure, Glucerna, ZonePerfect, FreeStyle Libre, i-STAT and MitraClip. History Foundation and early history In 1888 at the age of 30, Wallace Abbott (1857–1921), an 1885 graduate of the University of Michigan, founded the Abbott Alkaloidal Company in ...
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Sharon Prost
Sharon Prost (born May 24, 1951) is a United States circuit judge of the United States Court of Appeals for the Federal Circuit. Education Prost was born in Newburyport, Massachusetts. She received a Bachelor of Science degree from Cornell University in 1973, a Master of Business Administration from George Washington University in 1975, a Juris Doctor from American University Washington College of Law in 1979, and a Master of Laws from George Washington University Law School in 1984. Career Prior to her confirmation to the Federal Circuit, Prost had served as a lawyer at the Senate Judiciary Committee from 1993 to 2001, lastly as Chief Counsel. Although the Republicans were in the minority at the time of Prost's nomination, her eight years of service for the committee would have ensured that she was well known by all committee members. Before working for the Senate, she served as an attorney at the Federal Labor Relations Authority from 1980 to 1983, the United States Departmen ...
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