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Category: Claim Construction
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Trading Technologies Int'l. Inc. v. eSpeed Inc. (Fed. Cir. 2010) By Kevin E. Noonan — In an otherwise unremarkable affirmance of jury verdicts and district court decisions on claim construction, the nascent Chief Judge of the Federal Circuit, Randall Rader, and District Court Judge Ron Clark (E.D Tex.) sitting by designation, provided remarkably similar…
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More Claim Construction Confusion from the Federal Circuit By Kevin E. Noonan — The Federal Circuit demonstrated once again the quagmire that can exist when lower courts attempt to apply the CAFC's rather quixotic jurisprudence on claim construction. The case, Sanofi-Aventis U.S. LLC v. Sandoz, Inc.(1), arose as the result of ANDA filings by…
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For Stem Cells, It Seems That Conception Is Enough By Kevin E. Noonan — On Thursday, the Federal Circuit affirmed a District Court determination that the University of Pittsburgh had established, by clear and convincing evidence, that four inventors had been improperly named in U.S. Patent No. 6,777,231 and granting judgment correcting inventorship under…
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By Kevin E. Noonan — The Federal Circuit clarified the role of the written description requirement in interference practice today in an opinion by Judge Rader, one of the Court's most severe critics of its written description jurisprudence. Unlike the situation where the written description requirement is used to invalidate patents (which is the…
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By Donald Zuhn — On April 1st, the Federal Circuit affirmed the judgment of the District Court for the Western District of Wisconsin that Defendant-Cross Appellant Third Wave Technologies, Inc. did not infringe U.S. Patent No. 5,643,715, owned by Plaintiff-Appellant Digene Corp. The panel also affirmed the District Court's grant of summary judgment dismissing…
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Medegen MMS, Inc. v. ICU Medical, Inc. (Fed. Cir. 2008) By Kevin E. Noonan — The Federal Circuit recently had the opportunity to appreciate firsthand the frustrations of district court judges with its review of claim construction under Markman v. Westview Instruments, Inc. This teaching came in a dissenting opinion from the Honorable Vaughn…
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By Kevin E. Noonan — In the non-precedential General Atomics case decided earlier this month, the Federal Circuit applied its Markman claim construction practice to a Jepson claim, a venerable claim format seen more frequently in the mechanical and electrical arts than in the chemical or biotechnology arts (1). The case illustrates the…
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By Donald Zuhn — Last week, the Federal Circuit issued an opinion in Ortho-McNeil Pharmaceutical, Inc. v. Mylan Laboratories, Inc. In Mylan Laboratories, the Federal Circuit determined that the District Court for the District of New Jersey properly construed claim 1 of U.S. Patent No. 4,513,006, owned by Plaintiff-Appellee Ortho-McNeil Pharmaceutical, Inc., to…
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By Donald Zuhn — Last week, the Federal Circuit determined that the District Court for the District of New Jersey properly construed claim 1 of U.S. Patent No. 4,513,006 to encompass Plaintiff-Appellee Ortho-McNeil Pharmaceutical, Inc.’s epilepsy drug topiramate, and affirmed the District Court’s decision to (1) permanently enjoin Defendants-Appellees Mylan Laboratories, Inc. and…
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By Donald Zuhn — On February 28th, the Federal Circuit, in Regents of the Univ. of California v. DakoCytomation California, Inc.: (a) affirmed the denial by the District Court for the Northern District of California of a preliminary injunction sought by the Regents of the University of California, Abbott Molecular Inc., and Abbott…
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