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Category: Federal Circuit
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By Donald Zuhn — In Duramed Pharmaceuticals, Inc. v. Paddock Laboratories, Inc., the Federal Circuit today affirmed a decision by the District Court for the Southern District of New York granting summary judgment of noninfringement to Paddock Laboratories, Inc. with respect to U.S. Patent No. 5,908,638. The '638 patent, which is assigned to Duramed, relates…
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By Donald Zuhn — Last week, in Reckitt Benckiser Inc. v. Watson Laboratories, Inc. – Florida, the Federal Circuit affirmed a decision by the District Court for the Southern District of Florida holding that Defendant-Appellee Watson Laboratories, Inc. – Florida did not infringe the asserted claims of U.S. Patent No. 6,372,252. The Federal Circuit also…
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By Donald Zuhn — Today, in Tyco Healthcare Group LP v. Mutual Pharmaceutical Co., the Federal Circuit affirmed a decision on summary judgment by the District Court for the District of New Jersey that the claims of U.S. Patent No. 5,211,954 were invalid for obviousness. Tyco Healthcare Group LP and Mallinckrodt, Inc. ("Tyco") own the…
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By Kevin E. Noonan — The Federal Circuit delivered its en banc opinion on inequitable conduct last week in Therasense, Inc. v. Becton, Dickinson & Co. Judge O'Malley wrote separately, concurring in part with the majority while also dissenting in part, in an idiosyncratic opinion that reflects, in part, her experience. While a relative newcomer to…
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By Donald Zuhn — In a statement released earlier today, the U.S. Patent and Trademark Office announced that it was "carefully studying" the Federal Circuit's "important" en banc decision in Therasense, Inc. v. Becton, Dickinson & Co. to assess its impact on agency practice and procedure, and expected to issue guidance regarding that impact "soon." …
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By Kevin E. Noonan — The Federal Circuit delivered its en banc opinion on inequitable conduct on Wednesday in Therasense, Inc. v. Becton, Dickinson & Co. Four judges dissented from that opinion, with Judge Bryson writing for his fellow Circuit Judges Gajarsa, Dyk, and Prost. Judge O'Malley wrote separately, concurring in part and dissenting in part. …
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By Donald Zuhn — One day after issuing its en banc decision in Therasense, Inc. v. Becton, Dickinson & Co., the Federal Circuit decided that the appeal in McKesson Technologies Inc. v. Epic Systems Corp. warrants en banc consideration. In the Court's per curiam order, it noted that the panel that heard the appeal considered…
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By Kevin E. Noonan — The Federal Circuit delivered its en banc opinion on inequitable conduct today in Therasense, Inc. v. Becton, Dickinson & Co. In an opinion written by Chief Judge Rader and joined by Circuit Judges Newman, Lourie, Linn, Moore, and Reyna, and by Judge O'Malley in part, the Court issued clear standards…
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By Kevin E. Noonan — The Federal Circuit continued its explication both of the contours of obviousness for pharmaceutical formulations after KSR Int'l Co. v. Teleflex Inc. as well as how it exercises its supervisory powers over the U.S. Patent and Trademark Office after Dickinson v. Zurko, in a decision last Friday, In re Huai-Hunk…
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By Donald Zuhn — Last week, in Billups-Rothenberg, Inc. v. Associated Regional and University Pathologists, Inc., the Federal Circuit determined that the District Court for the Central District of California had properly granted summary judgment of invalidity with respect to U.S. Patent Nos. 5,674,681 and 6,355,425. In particular, the panel affirmed the District Court's decision…
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