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Another claim construction reversal: Claim not limited to preferred embodiment

In a split decision, the Federal Circuit reversed a district court’s judgment of noninfringement based on error in claim construction. The patent at issue involves a machine and method that automate the staining of microscope slides used in biological assays. The district court construed the claims narrowly based on the preferred embodiment described in the […]

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Federal Circuit Addresses On Sale Bar

In Plumtree Software, Inc. v. Datamize, LLC, the Federal Circuit Court of Appeals revisited the issue of determining when an invention is on sale within the meaning of 35 U.S.C. 102(b). A claimed invention is considered to be on sale under ? 102(b) if the invention is sold or offered for sale more than one […]

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Federal Circuit considers intent required for inducing infringement en banc

The Federal Circuit resolved a perceived conflict in its case law regarding the necessary level of intent required for a defendant to be found liable for inducing infringement of a patent. The court considered one subsection of DSU Medical Corp. v. JMS Co. en banc to resolve the conflict. The court held that to prove […]

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Speak Now or Forever Hold Your Peace – Failure to Raise Verdict Inconsistency Defeats Appeal

In L&W, Inc. v. Shertech, Inc. and Steven W. Sheridan (“Shertech”), the Court affirmed in part the decision of the US District Court for the Eastern District of Michigan holding claim 7 valid and claim 10 invalid of Shertech’s ‘264 patent, and affirming the portion of the judgment holding that the ‘264 patent was not […]

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Court Applied Four-Factor Test for Preliminary Injunction Relief

In Sanofi v. Apotex (Sanofi-Synthelabo, Sanofi-Synthelabo,Inc., and Bristol-Myers Squibb Sanofi Pharmaceuticals Holding Partnership v. Apotex, Inc. and Apotex Corp.), the Court affirmed the decision granted by the US District Court for the Southern District of New York granting a preliminary injunction in favor of Sanofi. At issue was a patent (“the ‘265 patent”) for an […]

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Majority of Federal Circuit appears ready to reconsider claim construction standard of review

Today the Federal Circuit denied rehearing en banc in Amgen, Inc. v. Hoechst Marion Roussel, Inc., a case dealing with synthetic human erythropoietin, a protein that stimulates red blood cell production. In order to rehear a case en banc, a majority of active judges on the court must vote to rehear the case. There are […]

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Enablement standard for prior art less stringent than enablement standard for patents

The Federal Circuit, in Impax Laboratories, Inc. v. Aventis Pharmaceuticals Inc., discussed the requirements for a prior art reference to be enabled, and thus anticipate a patent. Aventis is the owner of U.S. Patent No. 5,527,814, covering the use of the compound riluzole to treat ALS, commonly known as Lou Gehrig’s disease. Impax wanted to […]

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Showing a strong Spine, the Federal Circuit addresses the Doctrine of Equivalents

In DuPuy Spin, Inc. v. Medtronic Sofamor Danek, Inc., the Federal Circuit concluded that the district court erred in granting summary judgment of non-infringement on Medtronics Vertex? model with regards to U.S. Patent No. 5,207,678 (the ‘678 patent). Additionally, the Federal Circuit concluded that the district court’s judgment of non-infringement for Medtronics bottom-loaded screw device […]

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Analysis of overall appearance determines whether patented design is dictated by function

In PHG Technologies, LLC v. St. John Companies, Inc., the Federal Circuit vacated the preliminary injunction of the district court finding St. John raised a substantial questions of validity of the two patents-at-issue. At issue were two design patents owned by PHG: the ‘405 and ‘197 patents. The ‘405 and ‘197 patents depend from a […]

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Federal Circuit reverses claim construction but affirms infringement

Abraxis Bioscience (formerly AstraZeneca) is the holder of three patents on an improved formulation of an anesthetic, DIPRIVAN?. Prior formulations had the problem of increasing postoperative infections. The inventors discovered that by adding disodium edetate as an antimicrobial agent. This addition allowed DIPRIVAN? to be administered for up to 24 hours without a significant increased […]

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