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Archive for the ‘Federal Circuit Decisions’ Category

Federal Circuit Grants U.S. Patent and Trademarks Office Power to Limit Patent Applications By Sharona Hakimi – Edited by Caitlyn Ross Tafas v. Doll Federal Circuit, March 20, 2009, No. 2008-1352 Opinion On March 20th, the Federal Circuit affirmed in part and vacated in part a decision by the United States District Court for the Eastern District of Virginia in a suit that challenged rules proposed by the U.S. Patent and Trademarks Office (USPTO). Tafas, the plaintiff, contested the USPTO’s ... Read More...
Posted On Apr - 3 - 2009 Comments Off READ FULL POST
Federal Circuit Penalizes ICU Medical, Inc. and Counsel Paul Hastings for Frivolous Patent Infringement Suit By Jamie Wicks – Edited by Joshua Gruenspecht ICU Medical, Inc. v. Alaris Medical Systems, Inc. Federal Circuit, March 13, 2009, No. 2008-1077 Opinion On March 13th, the Federal Circuit unanimously affirmed the United States District Court for the Central District of California, which had granted summary judgment in favor of Alaris in a suit in which ICU claimed infringement of its patents for spiked ... Read More...
Posted On Mar - 28 - 2009 Comments Off READ FULL POST
In re Bilski Redefined? By Briahna Gray – Edited by Anthony Kammer In re Lewis Ferguson, Darryl Costin and Scott C. Harris Federal Circuit, March 6, 2009, Serial No. 09/387,823 Order On March 6, 2009, the Federal Circuit Court of Appeals upheld a ruling by the Board of Patent Appeals and Interferences that a marketing paradigm for multiple independent software companies fashioned by Lewis Ferguson, Darryl Costin, and Scott C. Harris was not patentable under the U.S. Patent Act, 35 ... Read More...
Posted On Mar - 15 - 2009 Comments Off READ FULL POST
Eli Lilly Granted Stay Extension, Prevents Teva’s Generic Alternative Until March 9th By Brian Kozlowski – Edited by Anna Lamut Eli Lilly & Co. v. Teva Pharma Federal Circuit, February 24, 2009, No. 2009-1071 Opinion On February 24th, the Federal Circuit affirmed two to one an order by the United States District Court for the Southern District of Indiana extending the 30-month statutory stay on FDA approval of Teva Pharmaceuticals‘ generic version of Eli Lilly‘s postmenopausal osteoporosis drug, Evista®. The ... Read More...
Posted On Mar - 2 - 2009 Comments Off READ FULL POST
Federal Circuit, in a 2-1 Decision, Affirms Nonobviousness Determination in Medical Supply Case; Split Highlights Difficulty of Claim Construction By Chris Kulawik –- Edited by Stephanie Weiner Kinetic Concepts, Inc. v. Blue Sky Medical Group, Inc. Federal Circuit, February 2, 2009, Nos. 07-1340, 07-1341, & 07-1342 Slip Opinion In a 2-1 split, the Federal Circuit affirmed a nonobviousness determination in a contentious dispute between medical technology companies. The case turned on the construction of the claim term “treating a wound” ... Read More...
Posted On Feb - 8 - 2009 Comments Off READ FULL POST
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