Bonum Certa Men Certa

The Federal Circuit Grapples With Extreme Measures Like Embargoes Over Patents

War on generics, or when judges choose between life and death

Amgen embargoes



Summary: The latest developments from the Federal Circuit (CAFC), which has been increasingly hostile towards patent maximalism in recent years, leading to less frequent death knells by court

THE Federal Circuit (CAFC) and the USPTO have changed a great deal since Alice. It's no longer easy to be granted and then enforce (have upheld) software patents. That's a positive development of course.



We typically write about how the ITC helps US giants embargo their competition, using as little as a few patents and hardly even a proper trial. Based on the "UPDATE FEBRUARY 8" in MIP, the "Federal Circuit has stayed the permanent injunction for Praluent pending Sanofi and Regeneron's appeal. The story published below on February 7 has been updated to reflect this." Well, the story as it originally appeared said this:

Last month’s granting of an Amgen permanent injunction motion in its cholesterol drug patent dispute with Sanofi and Regeneron would “give another arrow in the quiver” of those seeking permanent injunctions in similar cases, if it is upheld on appeal

Saying she was caught "between a rock and a hard place," Judge Sue Robinson in the District Court of Delaware last month decided to grant Amgen’s motion for a permanent injunction against Sanofi and Regeneron in an infringement suit over competing cholesterol drugs.


This is about cholesterol drugs, i.e. a classic case where lives are at stake (notably cardiac problems). What is noteworthy here is that the ruling by CAFC can mean the life (or death) of many people who are unable to afford some overpriced drugs from Amgen. Here is another new article (IAM "report") about CAFC:

Drug manufacturers cannot avoid infringement by dividing method between physicians and patients



[...]

Thus, the Federal Circuit removed any doubt as to whether drug manufacturers may avoid infringement by dividing the steps of a patented method for drug administration between physicians and patients. Under such circumstances, infringement cannot be circumvented by instructing physicians to require that patients perform a step of the method before administration of the generic drug. Accordingly, entities seeking FDA approval to market generic versions of patented drugs should take caution and ensure that any instructions for administration of the drug do not merely divide the steps of a patented method between two or more parties. This case should come as welcome news to many existing patent holders, providing another tool for more effective exclusion of market competitors and potentially increasing the value of patented methods for drug administration.


This simply means that the CAFC chose the side of the maximalists in this case. Who would have trouble sleeping at night? The executives, the judge/s, or those who will die needlessly?

"Who would have trouble sleeping at night? The executives, the judge/s, or those who will die needlessly?""In a short opinion," Patently-O wrote about another CAFC case, "the Federal Circuit has reversed a lower court infringement claim — holding instead that Watson’s generic product does not infringe."

So sometimes they get the balance right. Patently-O's Crouch, separately, has an ongoing rant (and paper) about CAFC's "judgments without opinion" as he calls these [1, 2]. We sure hope that CAFC will be hearing also from affected patients. The EPO certainly does not care about them.

Recent Techrights' Posts

Hate Mail From Anonymous Cowards
if this persists, we'll need to escalate
Informal Open Letter to the Lawyer of the Microsofters (on Who's Funding the SLAPPs Against Techrights)
Whenever I ask about the funding they try to change the subject and act all aggressive
Microsoft Lunduke is Just Provoking People for Provocation's Sake
Be forewarned and remember where this guy came from: Microsoft
 
Follow the Money: The Register MS Gets Paid to Promote "Hey Hi" Ponzi Scheme/Hype, Some Fake 'Articles' Might Be Composed by LLMs Already
paid to promote slop
Gemini Links 09/08/2025: Rethinking Aliases and Posting on Gopher vs. the Web
Links for the day
Links 09/08/2025: Apollo 13 Astronaut Jim Lovell Dies, Slop Future Bleak
Links for the day
After Shutting Down Studios, Divisions, Applications (e.g. Skype) Microsoft is Also Shutting Down 'Apps'
Cuts all around as layoffs persist this month, Microsoft tries to get many people to resign, and debt skyrockets
Most of Geminispace Can Probably Fit on a CD-ROM or a DVD (the Textual Part)
If one excludes very large capsules and ones that contain non-textual contenty
Eventually UEFI 'Secure Boot' Will be Dropped (Users Will Demand Its Removal and Boycott Its Pushers)
we expect OEMs will just listen to users
The Register MS: We Know Slop is a Bubble and Mindless Hype, But We Get Paid to Participate
Call out the culprits
There Are Probably Over a Million Pages in Geminispace
there are two many limitations which merit a mention when it comes to assessing magnitude
Besieged by Plagiarists Who Play With LLMs and Image Fusions
We really need to exercise or use our collective voice to oppose Serial Sloppers
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, August 08, 2025
IRC logs for Friday, August 08, 2025
Gemini Links 09/08/2025: Water Painting and Political Violence
Links for the day
Slopwatch: LLM Sloppers in Google News, LinuxSecurity, and More
they also perpetuate some falsehoods as the LLMs lack any comprehension
Links 08/08/2025: China King of Plastics and US Dictator Plans to Meet Russian Dictator
Links for the day
Gemini Links 08/08/2025: Cracking a Family Member's Password and Overdose of Slop
Links for the day
Red Hat's Latest Talent Hunt, Day Ahead of Mass Layoffs, is Yet Another Microsoft Executive
Red Hat will apparently commence mass layoffs early this coming Monday
Links 08/08/2025: "Quit Facebook" and High Cost of Microsoft/Windows Shown Again ("BlackSuit")
Links for the day
Good Morning, Readers of The Register MS
Things The Register MS could (but does not) cover this morning
Why Gemini Protocol Has a Bright Future
Maybe Gemini Protocol's promise becomes more appealing as the Web turns to slop and bloat
It's a Lot Easier to Participate in the Unethical System Than to Oppose Injustices in It
Going after powerful and high-budget interests is never easy
Microsofters Filed Two SLAPPs Against Us, Now They Cannot Keep Up With Judges' Orders
For over 4 months already their facilitator in London has been under investigation by British authorities because of what's being done to my wife and I
Censorship Regarding Red Hat Layoffs
Talk about this? They'd rather not.
Struggling to Cut Costs, Microsoft Continues Shutting Down and Cancelling Stuff This Month
There are August layoffs at Microsoft
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, August 07, 2025
IRC logs for Thursday, August 07, 2025
Fake 'Linux' Articles, Written by Bots to Take Traffic Away From Real Articles
LLM slop helps replace information with junk or misinformation
When Google's Googlebombing of "Gemini" Was Not Enough; They Now Also Googlebomb "Gemini Space"?
We know GAFAM not only worries about Gemini Protocol but also attempts to 'infiltrate' Geminispace
The Register MS Promotes Microsoft Slop, Assumes All Readers Use Microsoft Windows
Microsoft really dominates the site
Gemini Links 08/08/2025: KDE/Qt Development and What's Missing From "Retro"
Links for the day
Links 07/08/2025: US Punishes India Instead of Russia, Attacks Law Firms to Prevent Scrutiny
Links for the day
Read Us in Geminispace as Well
it's definitely a lot simpler than using a Web browser
Once a Site About BSD and GNU/Linux, and After Months of Silence, LinuxBSDos.com Comes Back Only as a Slopfarm
very frustrating
Links 07/08/2025: Hardware Wars, Mass Recall of Colgate Total Clean Mint, More Microsoft Holes Found
Links for the day
Gemini Links 07/08/2025: "Right To Manage" and LoRa Analysis
Links for the day
For the First Time in a Month OSI's "OpenSource.org" Blogs and It's Basically a Microsoft Blog Post (Microsoft Controls OSI)
For the first time in a month OSI writes something and it is Microsoft propaganda composed by a Microsoft-salaried operative
Microsoft, Already Borrowing 3 Billion Dollars a Month, is Trying to Cause Many People to Resign
MSN (i.e. Microsoft) and others openly admit it
GAFAM 'Says' is Front Page "News"
The point of journalism is to check and assess facts, not parrot what people and companies merely claim
Links 07/08/2025: Apple Makes False Promises, More Trouble for Microsoft
Links for the day
OSS Didn't Always Mean Open Source Software
"oligarchs all the way down"
The Register MS Does More Microsoft Sez or GitHub Sez (Says) Pieces
60 minutes ago
They Want Activists to Just Barely Walk and Eat, Not Do Activism Anymore
It's sort of like the ending of '1984'
Quit Perpetuating the Narrative of Gemini Protocol 'Dying' (It's False)
The "whisper campaign" against Gemini Protocol
Criticising Social Control Media in Social Control Media
Many people are quitting Social Control Media (fewer of them announce this in public)
Non-Free JavaScript Programs in Banks Aren't Even the Biggest Problem
Technology was supposed to make life easier; in practice, however, for most of us the opposite effect can be observed
Slopfarms Are Typically Fake News
Slopfarms typically relay falsehoods
Gemini Links 06/08/2025: Replacing a Pocket Watch and Buying in Bulk
Links for the day
IBM is Obliterating Fedora
"Fedora releases were shipping with an increasing number of bugs on launch day even while I was using it for a several year stretch."
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, August 06, 2025
IRC logs for Wednesday, August 06, 2025