Fresh From the Bench: Latest Federal Circuit Court Cases
Contributed by Schwabe Williamson & Wyatt. Originally published on Patexia; republished here as part of the LexDana archive.
CASE OF THE WEEK
Duncan Parking Techs., Inc. v. IPS Group, Inc. and IPS Group, Inc. v. Duncan Solutions, Inc. et al., Appeal Nos. 2018-1205, -1360 (Fed. Cir. January 31, 2019)
The Court this week provided a lengthy discussion and analysis concerning who qualifies as “another” inventor of an invention under pre-AIA Section 102(e). The Court also provided further guidance on the doctrine of “vitiation” as an exception to the doctrine of equivalents.
ALSO THIS WEEK
Mylan Pharmaceuticals Inc. v. Research Corporation Technologies, Inc., Appeal Nos. 2017-2088, -2089, -2091 (Fed. Cir. Feb. 1, 2019)
In an appeal of a final written decision in an inter partes review, the Federal Circuit affirmed the USPTO’s decision that a patent relating to the anti-epileptic drug Vimpat was not unpatentable. In particular, the Court agreed with the Board’s conclusion that the Petitioner had failed to show that the relevant claims would have been obvious at the time of the invention.
The opinion can be found here.
Written by: Scott D. Eads and Nika Aldrich, Schwabe Williamson & Wyatt
Contributors: Cristin Wagner and Jason Wrubleski
More insights
Federal Circuit Affirms Invalidation of Patent for Lack of Enablement of Claims Directed to a Method of Treating a Patient with a Unit Dosage in Wyeth Llc v Astrazeneca Pharmaceuticals Lp
Written by : Eric Furman, Ph.D. and Ashley C. Morales Key Takeaway: Federal Circuit invalidates patent claims directed to a method for treating non-small cell lung cancer through administration of “a unit dosage” of an irreversible epidermal…
When About Becomes Indefinite Federal Circuit Provides Guidance for Life Science Patent Applications Regarding Limits of Approximation in Enviro Tech v Safe Foods
Written by : Jason J. Jardine and Kenneth O. Aruda, Ph.D. Key Takeaway: The term “about” remains useful in biotech and pharmaceutical claims, but only if the patent provides objective guidance about what the term means. Absent that guidance,…
When Any Patent Means No Patent Federal Circuit Reverses Non Specific Verdict
Written by : Brian C. Barnes and Sophia F. Zahn OLLNOVA TECHNOLOGIES LTD. v. ECOBEE TECHNOLOGIES ULC [OPINION] Before Chen , Cunningham, and Stark. Appeal from the United States District Court for the Eastern District of Texas. Summary : A verdict form…