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04.20.2015
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Apple Prevails in Four of the Five Issues Addressed by the Federal Circuit
Mobilemedia Ideas LLC v. Apple, Inc.
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.
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.
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.
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.
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
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.
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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