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Archive for the ‘Federal Circuit Decisions’ Category

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
Federal Circuit Affirms Judgment Against Qualcomm, Limits Remedy of Patent Unenforceability By Aaron Dulles – Edited By Stephanie Weiner Qualcomm Inc. v. Broadcom Corp., Federal Circuit, December 1, 2008, No. 2007-1545 & 2008-1162 Slip opinion On December 1, 2008, the Federal Circuit affirmed in part the District Court for the Southern District of California, no. 05-CV-1958, holding that Qualcomm breached its duty to disclose relevant video-compression technology patents during its participation in a standards-setting organization (“SSO”). However the Federal Circuit ... Read More...
Posted On Dec - 6 - 2008 Comments Off READ FULL POST
An End to Business Methods Patents? By Anthony Kammer – Edited by Anna Lamut In re Bilski CAFC, October 30, 2008, No. 08/833,892 En Banc In re Bilski opinion Amicus Brief, En Banc Order, BPAI opinion  (hosted by Electronic Frontier Foundation) On October 30, 2008, an en banc panel of the Federal Circuit upheld a ruling by the Board of Patent Appeals and Interferences that a business method developed by Bernard Bilski and Rand Warsaw for hedging risks in commodities trading ... Read More...
Posted On Nov - 5 - 2008 3 Comments READ FULL POST
Federal Circuit Rejects Point of Novelty Test for Design Patent Infringement By Anna Lamut — Edited by Stephanie Weiner Egyptian Goddess v. Swisa CAFC, September 22, 2008, Slip Opinion The U.S. Court of Appeals for the Federal Circuit affirmed the decision of the District Court for the Northern District of Texas, which had granted summary judgment in favor of Swisa, Inc, finding that no jury could reasonably find Swisa’s nail-buffer design infringed Egyptian Goddess’s design patent. A panel of the ... Read More...
Posted On Sep - 27 - 2008 1 Comment READ FULL POST
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