In Astellas Pharma Inc. v. Sandoz Inc., the US Court of Appeals for the Federal Circuit vacated a sua sponte district court ruling that found Astellas’s asserted patent ineligible under Title 35 ...
In doing so, among other errors, the Panel sua sponte included new and different grounds for affirming with respect to two points: (1) whether an implied-in-fact contract existed; and (2 ...
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