Tag Archives: Solvay

Federal Circuit Finds Solvay HFC Patent Invalid Under 102(g)

In Solvay S.A. v. Honeywell International Inc., the Federal Circuit upheld the district court’s finding that Solavay’s HFC patent was invalid under 35 USC § 102(g). Although the impact of this case may be muted by the first-inventor-to-file provisions of the America Invents Act (AIA), the “secret prior art” provisions of § 102(g) will remain … Continue reading this entry

Supreme Court Applies Antitrust Scrutiny To ANDA Reverse Payment Settlement Agreements

In Federal Trade Commission v. Actavis, Inc., the Supreme Court held that reverse payment (“pay-for-delay”) settlement agreements made in the context of settling Hatch-Waxman ANDA litigation should be evaluated for antitrust violations under a “rule of reason” analysis. In so doing, the Court rejected both the “scope of the patent” test urged by the patent … Continue reading this entry

Prior Invention In The U.S. Requires A Prior U.S. Inventor

In Solvay S.A. v. Honeywell International, Inc., the Federal Circuit discussed the contours of 35 USC § 102(g)(2). The court found that Honeywell’s prior (secret) use of the process claimed in Solvay’s patent did not qualify as an invalidating prior invention because Honeywell was not an original inventor of the subject matter at issue. This case underscores … Continue reading this entry