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
Cap Export, LLC v. Zinus, Inc., Appeal No. 2020-2087 (Fed. Cir. May 5, 2021)
The Federal Circuit issued a single precedential patent case this week. The district court set aside a judgment and injunction originally in favor of Zinus and against Cap Export, pursuant to Rule 60(b)(3), in light of apparently fraudulent testimony offered by a critical witness. In a rare decision addressing Rule 60, the Federal Circuit affirmed.
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Edited by: Scott D. Eads and Nika Aldrich, Schwabe Williamson & Wyatt
Contributor: Mario Delegato
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…