Federal Judge Orders Patent Term Adjustment Recalculations for Novartis, Denies Equitable Tolling

Novartis AG v. Kappos
By Kathleen McGuinness – Edited by Jennifer Wong

In a lawsuit challenging the U.S. Patent and Trademark Office’s (“USPTO”) determination of patent term adjustments for twenty-three Novartis patents, the United States District Court for the District of Columbia granted partial summary judgment in Novartis’s favor on four patents.

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Federal Circuit Reaffirms Sufficiency of Animal Testing for Medical Device Patents, Makes eBay Test Less Rigid

Edwards Lifesciences v. CoreValve
By David LeRay – Edited by Dorothy Du

The Federal Circuit affirmed in part and remanded in part the United States District Court for the District of Delaware, which had found that CoreValve infringed upon Edwards Lifesciences’ heart valve patent and awarded lost profits damages, but did not issue an injunction.

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Transocean Offshore Deepwater Drilling, Inc. v. Maersk Drilling USA, Inc. By Suzanne Van Arsdale – Edited by Sounghun Lee Transocean Offshore Deepwater Drilling, Inc. v. Maersk Drilling USA, Inc., No. 2011-1555 (Fed. Cir. Nov. 15, 2012) (Transocean II) Slip opinion The Court of Appeals for the Federal Circuit reversed the Southern District of Texas’s ruling that U.S. Patent Nos. 6,047,781, 6,085,851, and 6,068,069 held by plaintiff Transocean Offshore Deepwater Drilling, Inc. (“Transocean”) were invalid for obviousness and lack of enablement, ... Read More...

By Michael Hoven Supreme Court to Hear DNA Privacy Case The Supreme Court granted certiorari in Maryland v. King,  a case involving the warrantless collection of DNA from an arrestee, the Washington Post reported.  In 2009, Maryland instituted routine DNA collection from people arrested for violent crimes; Alonzo King, Jr. was arrested for assault in 2009, and a cheek swab connected him to a 2003 rape, for which he was later convicted. The Maryland Supreme Court overturned the conviction on ... Read More...

Voter Verified, Inc. v. Premier Election Solutions, Inc. By Craig Fratrik – Edited by Laura Fishwick Voter Verified, Inc. v. Premier Election Solutions, Inc., Nos. 2011-1553, 2012-1017, 2012 WL 5382734 (Fed. Cir. Nov. 5, 2012) Slip opinion The Court of Appeals for the Federal Circuit affirmed the Middle District of Florida’s ruling that the defendants, Premier Software Solutions, Inc., Diebold, Inc., and Election Systems & Software, Inc., had not infringed U.S. Reissue Patent No. RE40,449 (the ’449 Patent) held by ... Read More...