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Newburyport, Massachusetts, U.S. Education. Cornell University ( BS) George Washington University ( MBA, LLM) American University ( JD) Sharon Prost (born May 24, 1951) is a United States circuit judge of the United States Court of Appeals for the Federal Circuit .
SHARON PROST was appointed by President George W. Bush in 2001. Judge Prost served as Chief Circuit Judge from May 31, 2014 to May 21, 2021. Prior to her appointment, Judge Prost served as Minority Chief Counsel, Deputy Chief Counsel, and Chief Counsel of the Committee on the Judiciary, United States Senate from 1993 to 2001.
21 de jun. de 2021 · June 21, 2021 - When the U.S. Court of Appeals for the Federal Circuit’s Chief Judge Sharon Prost ended her tenure as chief last month, she left a strong legacy of seeking to advance and...
- Katherine Helm
6 de mai. de 2021 · 1 minute read. Intellectual Property. Scott Graham. Sharon Prost took the helm of the U.S. Court of Appeals for the Federal Circuit seven years ago in stormy seas. Some members of the court...
- Factual Background
- The Trial, Jury Verdict and District Court Decision
- The Federal Circuit Decision and J. Prost’s Dissent
- Federal Circuit Rehearing Argument
- The Future of Skinny Labeling
In this case, Teva filed an abbreviated new drug application (“ANDA”) for a generic version of GSK’s Coreg® (carvedilol) product, commonly known as a “beta blocker.” Coreg® is indicated for the treatment of hypertension, for left ventricular dysfunction following myocardial infarction (“post-MI LVD”), and congestive heart failure. At the time of Te...
At trial, Teva argued that it could not be liable for induced infringement at all, or at least until 2011 when the FDA required Teva to amend its label to include congestive heart failure. GSK argued that Teva induced infringement of the ’000 patent, both before and after the 2011 label change, by leaving in the post-MI LVD indication, therefore no...
Over a year after the original oral argument, the Federal Circuit vacated Judge Stark’s grant of JMOL in a split decision. In so doing, the majority started off pointing to the high burden for overturning a jury verdict. The panel then concluded that the district court applied an incorrect legal standard because “precedent makes clear that when the...
Teva moved for en banc rehearing, arguing that the decision spells the end of skinny labeling provided by Congress in the Hatch-Waxman Act and cited subsequent lawsuits in the wake of this decision as evidence of the result.22In its swiftly invited response, GSK presented the decision as a run of the mill case of applying the proper substantial evi...
The rehearing argument did not portend a clear direction for a new opinion. Rather, the argument proceeded similarly to the original September 2019 argument, with little indication that any of the panel’s opinions had shifted substantially. GSK attempted to offer an exit ramp to the panel by arguing that Teva improperly framed the case on the premi...
Sharon Prost. B.S., Cornell; J.D., American; M.B.A., George Washington; LL.M., George Washington. Sharon Prost was appointed Chief Judge of the United States Court of Appeals for the Federal Circuit by President George W. Bush in 2001. Prior to her appointment, Judge Prost served as Minority Chief Counsel, Deputy Chief Counsel, and Chief ...
JUNE 21, 2021. When the U.S. Court of Appeals for the Federal Circuit’s Chief Judge Sharon Prost ended her tenure as chief last month, she left a strong legacy of seeking to advance and interpret the bounds of what is patentable, patent eligible, and enforceable subject matter.
