877 articles · page 69 of 74
Written by Peter E. Heuser , Schwabe, Williamson & Wyatt In Nidec v. Zhongshan , the entire panel affirms a determination of obviousness but two judges question whether § 315(c) of the AIA was improperly used to permit joinder as to a second Zhongshan…
Written by Peter E. Heuser , Schwabe, Williamson & Wyatt, PC Visual Memory v. Nvidia reverses the grant of a motion to dismiss under Rule 12(b)(6), ruling that the claims recite an enhanced computer memory system and not an abstract idea under § 101.…
In Romag Fasteners, Inc. v. Fossil, Inc., [2016-1115, 2016-1116, 2016-1842] (August 9, 2017), the Federal Circuit vacated and remanded the district court’s award of attorneys fees to Romag under 35 U.S.C. § 285 but not under the identically…
In The Cleveland Clinic Foundation v. True Health Diagnostics , the Fed. Cir. panel held that a claim to a diagnostic method for determining a test subject’s risk for atherosclerotic cardiovascular disease (CD) by comparing MPO levels in the bodily…
Written by Peter E. Heuser , Schwabe, Williamson & Wyatt, P.C. This was a busy week for precedential cases at the Circuit. In AIA v. Avid , the Circuit rules that there is no right to a jury trial as to requests for attorney fees under § 285. In Romag…
Written by Jane Xia and Jing Liu, Ph.D. MILLENNIUM PHARMACEUTICALS, INC. v. SANDOZ INC (Fed. Cir. July 17, 2017) (NEWMAN, Mayer, O’Malley) This case arose out of an ANDA litigation between Millennium and a number of generic-drug companies who sought…
Before reading this post, please read my post of July 19, 2017 about Millennium Pharms. v. Sandoz , and you will “get” the title. Judges Lourie and Newman both dissented from refusal of the court to rehear the holding in Schering v. Geneva en…
Several new green patent complaints were filed in May and June in the areas of advanced batteries, electroluminescence lighting technology, green cleaning solvents, and LEDs. Advanced Batteries Milwaukee Electric Tool Corp. et al. v. Chervon (HK) Ltd. In…
Written by Peter E. Heuser , Schwabe, Williamson & Wyatt, P.C. In Regeneron v. Merus , a divided panel affirms a determination of unenforceability for violation of the duty of disclosure. What is interesting about the case is that neither the district…
Written by Peter E. Heuser , Schwabe, Williamson & Wyatt, P.C. The Circuit issued only one precedential patent case this week, reversing a determination of obviousness as to a Millennium Pharmaceutical patent covering its blockbuster cancer drug…
In the 2003 panel decision in Schering Corp. v. Geneva Pharm., Inc., the panel rejected “the contention that inherent anticipation requires recognition [of the claim element not found] in the prior art.” The claims were directed to a bioactive…
Written by Peter E. Heuser , Schwabe, Williamson & Wyatt, P.C. In AdjustaCam v. Newegg , the Circuit reverses the denial of attorney fees where Judge Gilstrap simply adopted a pre- Octane Fitness determination by a prior judge, despite the Circuit’s…
