MLC Intellectual Property, LLC v. Micron Technology, Inc., 14-cv-03657-SI. (2018)
Court: District Court, N.D. California
Number: infdco20181214a63
Visitors: 1
Filed: Dec. 13, 2018
Latest Update: Dec. 13, 2018
Summary: ORDER TO SHOW CAUSE Re: Dkt. No. 250 SUSAN ILLSTON , District Judge . On December 7, 2018, the Federal Circuit decided Novartis Pharmaceuticals Corp. v. Breckenridge Pharmaceutical Inc., Case No. 2017-2173, ___ F.3d ___ (Fed. Cir. Dec. 7, 2018). The Federal Circuit held that a later-filed, earlier-expiring post-URAA patent is not a proper obviousness-type double patenting ("OTDP") reference that can be used to invalidate an earlier-filed, later-expiring pre-URAA patent. Plaintiff contend
Summary: ORDER TO SHOW CAUSE Re: Dkt. No. 250 SUSAN ILLSTON , District Judge . On December 7, 2018, the Federal Circuit decided Novartis Pharmaceuticals Corp. v. Breckenridge Pharmaceutical Inc., Case No. 2017-2173, ___ F.3d ___ (Fed. Cir. Dec. 7, 2018). The Federal Circuit held that a later-filed, earlier-expiring post-URAA patent is not a proper obviousness-type double patenting ("OTDP") reference that can be used to invalidate an earlier-filed, later-expiring pre-URAA patent. Plaintiff contends..
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ORDER TO SHOW CAUSE
Re: Dkt. No. 250
SUSAN ILLSTON, District Judge.
On December 7, 2018, the Federal Circuit decided Novartis Pharmaceuticals Corp. v. Breckenridge Pharmaceutical Inc., Case No. 2017-2173, ___ F.3d ___ (Fed. Cir. Dec. 7, 2018). The Federal Circuit held that a later-filed, earlier-expiring post-URAA patent is not a proper obviousness-type double patenting ("OTDP") reference that can be used to invalidate an earlier-filed, later-expiring pre-URAA patent. Plaintiff contends that this decision renders defendant's OTDP defense moot. Dkt. No. 250.
The Court is inclined to agree with plaintiff that Novartis precludes defendant's OTDP defense, as the two patents upon which defendant relies as invalidating references, the '851 and '814 patents, are post-URAA patents that were filed after, and expired before, the pre-URAA '571 patent. Defendant is hereby directed to file a letter no later than December 18, 2018, informing the Court of its position regarding the viability of its OTDP defense post-Novartis. If defendant contends that it may still pursue this defense, the Court will issue a further order regarding what further proceedings are necessary to resolve this issue.
IT IS SO ORDERED.
Source: Leagle
