877 articles · page 68 of 74
In Merck v. Hospira , the only precedential case decided this week, a majority of the panel affirms a determination of obviousness, noting that despite the objective indicia supporting patentability, the claimed process was substantially described in the…
Written by Peter E. Heuser , Schwabe, Williamson & Wyatt, P.C. In Smart Systems v. Chicago Transit Authority , the Circuit affirms the dismissal of a case based on §101, agreeing with the district court that two patents to a system for using a…
In Amgen, Inc. v. Sanofi, Appeal no. 2017-1480 (Fed. Cir., Oct. 5, 2017) the Fed. Cir. panel reversed the district court’s finding that Amgen antibody patents 8,289,165 and 8859741 were not invalid for failing to meet the written description and…
Written by Jane Xia , Brenden S. Gingrich, Ph.D. , and Joseph Reisman, Ph.D. The U.S. District Court for the District of Delaware recently handed down two important decisions on motions to transfer for improper venue. Judge Stark presided over both cases,…
In Jang v. Boston Scientific Corp., [2016-1275, 2016-1575] (September 29, 2017), the Federal Circuit affirmed the district court’s denial of Jang’s motion for judgment as a matter of law (JMOL), its vacatur of the jury verdict of infringement…
Written by Peter E. Heuser, Schwabe, Williamson & Wyatt In Jang v. Boston Scientific , the Circuit takes on the doctrine of ensnarement, affirming a district court’s grant of JMOL based on the patentee’s inability to develop a hypothetical…
Written by Peter E. Heuser - Schwabe, Williamson & Wyatt P.C. In In Re Cray , the panel grants Cray’s petition for a writ of mandamus, ruling that the district court’s handling of the case is not consistent with its case law regarding what is…
Written by Peter E. Heuser , Schwabe, Williamson & Wyatt, P.C. In Allied v. OSMI , the Circuit affirms dismissal of a declaratory judgment action even though Allied’s Mexican distributors had been sued in Mexico on a corresponding Mexican patent. In…
In Intercontinental Great Brands LLC v. Kellogg North American Co., [2015-2082, 2015-2084] (September 7, 2017), the Federal Circuit affirmed summary judgment that Kraft’s U.S. Patent No. 6,918,532 was invalid for obviousness, but was not…
Written by Damien Howard and Ronald J. Schoenbaum The Federal Circuit recently decided a patent subject-matter eligibility case relating to computer memory in Visual Memory LLC v. Nvidia Corp. In a divided opinion, the Federal Circuit reversed the district…
Written by Peter E. Heuser , Schwabe, Williamson & Wyatt, P.C. Intercontinental v. Kellogg involves a fight between two food industry powerhouses, Kraft and Kellogg, in which a majority of the panel affirms summary judgment of obviousness of a patent…
Written by Peter E. Heuser , Schwabe, Williamson & Wyatt, P.C. Today the Circuit agreed to hear en banc Nantkwest v. Matal , in which the panel had reversed a district court decision that had rejected the PTO’s position that applicants who appeal a…
