Patent Law Weblog
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- Retired Judges File Amicus Brief in Support of Judge Newman
- Hikma v. Amarin at the Supreme Court: The Parties’ Opening Briefs
- Teva Pharmaceuticals International v. Eli Lilly & Co. (Fed. Cir. 2026)
- USPTO Extends Artificial Intelligence Search Automated Pilot Program (ASAP!)
- USPTO Announces That It Has Turned the Corner on Unexamined Application Backlog
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Category: Infringement – Literal or DOE
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BASF Prevails in Seed-Saving Infringement Case By Robert Dailey — A federal district court held that a farmer who saved rice seed in violation of BASF's standard Stewardship Agreement infringed the patents covering the seed and its use. The buyer of the saved seed, however, had never actually signed the Stewardship Agreement covering…
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By Donald Zuhn — In an appeal from a District Court judgment of infringement of U.S. Patent Nos. 5,714,520; 5,731,355; and 5,731,356, the Federal Circuit reversed the District Court's claim construction and finding of literal infringement, and affirmed the District Court's finding of infringement under the doctrine of equivalents. The patents at issue…
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Merck v. Integra: The Supreme Court Misses A Golden Opportunity By Kevin Noonan — The Supreme Court missed an opportunity to bring some certainty to the law concerning the scope of the "safe harbor" provisions of 35 U.S.C. § 271(e)(1) in its recent decision in Merck KGaA v. Integra Lifesciences I, Ltd., which…
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By Kevin Noonan — The peripatetic case of Amgen Inc. v. Hoechst Marion Roussel, Inc. has once again been reviewed by the Federal Circuit (decided August 3, 2006). Once again the CAFC has failed to lay the several issues in the case to rest. While affirming infringement and validity of two of the…
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