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Denial of interim patent term extension affirmed

In a decision rereleased as precedential yesterday, the Federal Circuit affirmed a district court’s denial of a preliminary injunction seeking to compel the Director of the United States Patent and Trademark Office to grant a request for an interim patent term extension under 35 U.S.C. § 156(e)(2).Somerset Pharmaceuticals, Inc. ("Somerset") is the owner of a […]

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Claims to using product made via another claim are dependent claims, noninfringement affirmed

In a battle between two agricultural heavyweights, Monsanto and Syngenta, the Federal Circuit affirmed a district court's ruling that Syngenta did not infringe two Monsanto patents and that a third was invalid for lack of enablement. The patents relate to tolerance to the herbicide glyphosate. The court affirmed the district court's claim construction, noting that […]

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The Federal Circuit turns 25

Today marks the 25th anniversary of the existence of the United States Court of Appeals for the Federal Circuit. On April 2, 1982, President Reagan signed the Federal Courts Improvement Act, Pub. L. No. 97-164, 96 Stat. 25, which created the Federal Circuit. The Act took effect on October 1, 1982, which marked the date […]

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Agreement to assign to employer requires separate assignment; dismissal for lack of standing vacated

In a decision released late Friday, the Federal Circuit vacated and remanded a district court's decision that a plaintiff did not have standing to sue for patent infringement. At issue was whether a joint inventor of the patent had assigned his interest in the patent to a third party, thereby making the third party a […]

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