Federal Circuit Finds Bayer’s Yaz Birth Control Patent Invalid for Obviousness

Bayer Healthcare Pharm., Inc. v. Watson Pharm., Inc.
By Erica Larson – Edited by Suzanne Van Arsdale

The Court of Appeals for the Federal Circuit reversed the judgment of the Nevada District Court, which ruled that claims 13 and 15 of Bayer Healthcare Pharmaceuticals, Inc. and Bayer Schering Pharma AG (“Bayer”) U.S. Patent RE37,564 were not invalid for obviousness. The patent claimed a combination of synthetic hormones and dosing regimens used by Bayer in the Yaz birth control pill.

Flash Digest: News in Brief

By Ron Gonski

House Passes CISPA

Federal Circuit Renews K-Tech Communications Lawsuit Against DirecTV

Government Squashes Dozens of Patents a Year for National Security Reasons

BASF Loses Pesticide Patent Appeal Due to Prosecution Disclaimer Doctrine

BASF v. Makhteshim Agan
By David LeRay – Edited by Ashish Bakshi

BASF Agro B.V. (“BASF”), the world’s largest chemical manufacturer, suffered a setback in its patent litigation against Makhteshim Agan of North America (“Makhteshim”), the world’s largest generic agrochemical maker.The Court of Appeals for the Federal Circuit affirmed the Middle District of North Carolina’s grant of summary judgment of non-infringement for the defendants.

Federal Circuit Reverses Equitable Estoppel Involving Continuation-in-Part Patent

Radio Systems Corp. v. Lalor
By Craig Fratrik – Edited by Kathleen McGuinness

The Court of Appeals for the Federal Circuit affirmed in part, reversed in part, and remanded the decision of the Western District of Washington, which had ruled that Tom Lalor and Bumper Boy (“Bumper Boy”) were barred under equitable estoppel from bringing certain patent infringement claims and that none of Radio Systems’ other designs were infringing.

Assignor Estoppel Doctrine Is Not a Federal Cause of Action, Federal Circuit Affirms

Semiconductor Energy Laboratory Co. v. Nagata
By Erica Larson – Edited by Suzanne Van Arsdale

The Court of Appeals for the Federal Circuit affirmed the judgment of the Northern District of California, which ruled that plaintiff Semiconductor Energy Laboratory Co. (“SEL”) could not establish federal jurisdiction over defendant Dr. Yujiro Nagata. The courts rejected a novel offensive application of assignor estoppel, traditionally a defense.