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
Munchkin, Inc. v. Luv N’ Care, Ltd., Appeal No. 2019-1454 (Fed. Cir. June 8, 2020)
In its only precedential patent opinion issued this week, the Federal Circuit reversed an award of attorneys’ fees for patent, trademark, and trade dress infringement claims pertaining to spill-proof cups. The case presented an unusual case for a fee award, as none of the claims had been adjudicated on the merits, and the Federal Circuit found that the district court abused its discretion in granting fees without making the detailed, fact-based analysis required to establish that the claims were so substantively meritless as to render the case exceptional.
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Written by: Scott D. Eads and Nika Aldrich, Schwabe Williamson & Wyatt
Contributor: 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…