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HIF Bio, Inc. v. Yung Shin Pharmaceuticals Industrial Co. (Fed. Cir. 2010)

By Donald Zuhn, Kevin Noonan, Chris Singer, Sherri Oslick, and Jason Derry

By Kevin E. Noonan -- It has been a staple of introductory civil procedure exams to include a complicated fact pattern that, at root, leads to a determination that the lawsuit should be dismissed for failure to state a claim for which relief can be granted. The salience of such a fact pattern can be appreciated by the Federal Circuit's decision in HIF Bio, Inc. v. Yung Shin Pharmaceuticals Industrial Co., where after extensive proceedings in state and federal courts, including the U.S. Supreme Court, the ultimate determination is that the case should be dismissed. The case arose from a...

Full post as published by Patent Docs on May 19, 2010 (boomark / email).