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04.20.2015
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www.mckoolsmith.com
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Apple Prevails in Four of the Five Issues Addressed by the Federal Circuit
Mobilemedia Ideas LLC v. Apple, Inc.<\i>
The court made the following rulings: (1) the jury’s verdict that the ‘078 (camera) patent claims were not proven to have been obvious was supported by substantial evidence that a person of ordinary skill in the art would not have been able to combine the two references as such combination would have been beyond his or her level of skill; ... Read More >>
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Court Affirms Claim Construction, Infringement, and Non-Obviousness Holdings
Cadence Pharmaceuticals Inc. v. Exela Pharmsci Inc.<\i>
In an ANDA case, the district court held that the two patents-at-issue were valid and infringed. On appeal, the court held that: (1) the district court correctly construed the term “buffering agent” by refusing to import a limitation from the specification;... Read More>>
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Court Reverses Claim Construction Which Permitted Direct and Indirect Detection in Favor of a Construction that Requires only Indirect Detection
Enzo Biochem Inc. v. Applera Corp.<\i>
The Federal Circuit reversed the district court’s construction of the claim phrase: “A comprises at least three carbon atoms and represents at least one component of a signaling moiety capable of producing a detectable signal.” Read More >>
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Court Reverses District Court’s Holding of Indefiniteness Where the Meaning of the Disputed Phrase Was Made Clear in the Specification
Eidos Display, LLC v. AU Optronics Corp.<\i>
The Federal Circuit reversed the district court’s grant of summary judgment of the claim phrase: “a contact hole for source wiring and gate wiring connection terminals.” Read More >>
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Disclaimed Patent Can Still Create a Justiciable Case or Controversy Where the Patent Is Listed in the FDA’s Orange Book
Apotex Inc. v. Daiichi Sankyo, Inc.
Apotex sought a declaratory judgment that it did not infringe a patent owned but disclaimed by Daiichi. The district court dismissed the complaint for lack of a case or controversy, but the Federal Circuit reversed. Read More >>
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Obviousness of Pharmaceutical Claims Upheld Over Judge Newman’s Dissent
Senju Pharmaceutical Co., Ltd. v. Lupin Ltd.<\i>
In an ANDA case, the court affirmed the district court’s holding that the reexamined method claim and product claims were invalid as being obvious over seven prior art references. Read More >>
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PTO Revivals Are Not Subject to Third Party Collateral Challenges
Exela Pharma Sciences, LLC v. Lee<\i>
The court considered the question of whether a third party has the right to challenge, by way of the Administrative Procedure Act (APA)... Read More >>
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Summary Judgment of Non-Infringement Vacated Where the District Court’s Claim Constructions Were Incorrect
Warsaw Orthopedic, Inc. v. Nuvasive, Inc.<\i>
The Federal Circuit vacated the jury’s award of $101,196,000 in damages to Warsaw and remanded for a new trial on the amount of a reasonable royalty. Read More >>
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