Archive for the 'Federal Circuit' Category

Patent for Cancer Drug Invalid for Obviousnessp-Type Double Patenting

Sun Pharm. Indus. Ltd. v. Eli Lilly & Co., 10-1105, concerned a challenge to the district court’s judgment finding certain claims of the patent invalid for obviousness-type double patenting over another patent, in a generic drug manufacturer’s suit for a declaratory judgment against Eli Lilly, seeking declaratory relief that a patent related to treating various [...]

Appeal in Patent Infringement Suit Re Hitch Pin Locks Addressed

Wyers v. Master Lock Co., 09-1412, concerned a challenge to a jury finding that defendant failed to show by clear and convincing evidence that the certain claim of the patents at issue would have been obvious, and district court’s denial of defendant’s renewed motion for judgment as a matter of law, in an action for infringement of [...]

Appeal in Patent Infringement Suit Re Hitch Pin Locks Addressed

Wyers v. Master Lock Co., 09-1412, concerned a challenge to a jury finding that defendant failed to show by clear and convincing evidence that the certain claim of the patents at issue would have been obvious, and district court’s denial of defendant’s renewed motion for judgment as a matter of law, in an action for infringement of [...]

An IP Matter & Antidumping Case Involving Diamond Sawblades

Telcordia Technologies, Inc. v. Cisco Sys. Inc., No. 09-1175, involved plaintiff’s suit for infringement of patents ‘306, ‘763, an ‘633, related to transmission of data in telecommunications networks.  The court vacated and remanded part of the district court’s judgment denying defendant’s JMOL motion on invalidity of the ‘306 patent, as the district court erroneously construed the only term [...]

Filing Date of the Provisional Application Has a Patent Defeating Effect

In re Giacomini, 09-1400, concerned a challenge to the decision of the Board of Patent Appeals and Inferences rejecting certain claims as anticipated under 35 U.S.C. section 102 by another patent, in petitioner’s patent application involving a technique for selectively storing electronic data in a readily accessible memory called a “cache.” is affirmed as the [...]

Filing Date of the Provisional Application Has a Patent Defeating Effect

In re Giacomini, 09-1400, concerned a challenge to the decision of the Board of Patent Appeals and Inferences rejecting certain claims as anticipated under 35 U.S.C. section 102 by another patent, in petitioner’s patent application involving a technique for selectively storing electronic data in a readily accessible memory called a “cache.” is affirmed as the [...]

An IP Matter & Antidumping Case Involving Diamond Sawblades

Telcordia Technologies, Inc. v. Cisco Sys. Inc., No. 09-1175, involved plaintiff’s suit for infringement of patents ‘306, ‘763, an ‘633, related to transmission of data in telecommunications networks.  The court vacated and remanded part of the district court’s judgment denying defendant’s JMOL motion on invalidity of the ‘306 patent, as the district court erroneously construed the only term [...]

Court Has Jurisdiction Over Special Master’s Decision on Interim Fees

Shaw v. Sec’y of Human & Health Serv., No. 09-5117, concerned a challenge to the Court of Federal Claims’ dismissal for lack of jurisdiction in an appeal of Special Master’s decision to award plaintiff’s undisputed portion of his request for interim attorneys’ fees and costs and deferring consideration of the remaining amount until submission of a [...]

Decision in an IP Matter, Plus a Presidential Proclamation Not "Final" and Not Reviewable Under APA

Encyclopedia Britannica, Inc. v. Alpine Elec. of Am., Inc., No. 09-1544, concerned a patent infringement suit by Encyclopedia Britannica against various defendants, involving patents relating to a multimedia database search system for retrieving textual and graphical information.  In affirming the district court’s grant of summary judgment in favor of defendants in declaring the patents invalid [...]

Mixed-wax Candles From China are Later-developed Merchandise under Federal Law

In Target Corp. v. US, No. 09-1518, the Federal Circuit faced a challenge to the Court of International Trade’s affirmance of the U.S. Department of  Commerce’s final affirmative circumvention determination that petroleum wax candles with 50% or more vegetable wax are later-developed merchandise covered by the anti-dumping duty order on petroleum wax candles from China.  [...]