Patent Law Weblog
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- Judicial Conduct and Disability Committee Has Its Say, Denies Judge Newman’s Latest Request for Review
- PTAB Issues Judgment on Priority in CRISPR Interference
- Parties File Supplemental Priority Statements in CRISPR Interference
- Why the Alice Test is Stupid, Part V: The Goalposts Keep Moving
- Meanwhile, Back at the PTAB with CRISPR – Update
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Category: Infringement – Literal or DOE
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By Donald Zuhn — Last Friday, the Federal Circuit reversed a District Court’s finding on summary judgment that eight generic drug manufacturers did not infringe U.S. Patent No. 6,054,482 (the ‘482 patent), and affirmed the District Court’s construction of two disputed claim limitations. Plaintiffs-Appellants Warner Lambert Co., Pfizer Inc., and Gödecke Aktiengesellschaft (Warner…
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By Kevin E. Noonan — The course of litigation of Festo Corp. v. Shoketsu Kinzoku Kogyo Kabushiki Co. (SMC) has been almost as lengthy as Jarndyce and Jarndyce, having been first filed in 1988. The case appeared again this week, when the Federal Circuit affirmed a District Court decision that prosecution history estoppel…
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By Robert Dailey — Norwegian biotech Natural ASA has settled its patent infringement suit against ArkoPharma involving conjugated linoleic acid (CLA), a dietary supplement thought to reduce body fat. Natural markets its CLA product in the U.S. under the trademark Tonalin®. (A month’s supply of Tonalin® gel capsules sells for about $25.) Natural…
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By Kevin E. Noonan — The U.S. Supreme Court today denied without comment Amgen’s petition for certiorari to review the Federal Circuit’s reversal (for the second time) of the District Court’s construction of the term "therapeutically effective amount" in its patent infringement suit against Sanofi-Aventis over erythropoietin (EPO). This lawsuit has been reviewed…
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By Robert Dailey — Novozymes and Genencor (Danisco) reached a settlement involving Genencor’s infringement of U.S. Patent No. 6,867,031. The patent covers alpha-amylases useful in the manufacture of fuel-grade ethanol. As previously reported by Patent Docs, Novozymes had prevailed over Genencor in an infringement trial and subsequently proved that Genencor’s infringement had been…
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By Kevin E. Noonan — Since the Federal Circuit’s en banc decision in Cybor Corp. v. FAS Technologies, Inc. that no aspect of a district court’s claim construction was entitled to any deference, courts, commentators, and other critics have disagreed with the Federal Circuit. Today, Amgen has enlisted the aid of the Supreme…
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Novozymes Prevails on Willful Infringement Action Involving Enzyme for Ethanol Production By Robert Dailey In an opinion issued last Friday, Judge Kent Jordan awarded Novozymes reasonable royalty damages and double damages for willful infringement for Genencor’s infringement of U.S. Patent No. 6,867,031. Reuters reports that Genencor, a wholly owned subsidiary of Danisco, will…
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Innogenetics Appeals Its Win over Abbott By Robert Dailey — In two earlier posts (January 8 and January 12), we reported on Innogenetics' $7 million victory after a jury found that Abbott had infringed Innogenetics' patent covering methods for HCV genotyping. The jury also found that Abbott's conduct had been willful. However, in a…
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By Donald Zuhn — In an appeal from a District Court decision granting summary judgment in favor of Defendant-Appellee Caraco Pharmaceutical Laboratories, Ltd. (Caraco), the Federal Circuit concluded that the District Court did not err in construing the term "about 1:5" or in finding no literal infringement or infringement under the doctrine of equivalents,…
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By Kevin Noonan — Illustrating once again distinctions between permanent and preliminary injunctions in its jurisprudence, the Federal Circuit used a combination of its patent-specific precedent and regional circuit law to affirm a preliminary injunction against only one of three co-defendants. In Abbott Lab. v. Andrx Pharm., Inc., the Court held that one…
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