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Federal Circuit patent decision summaries

Winston & Strawn LLP
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USA
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November 24 2009

To be anticipatory, a prior art reference must describe, either expressly or inherently, each and every claim limitation and enable one of skill in the art to practice an embodiment of the claimed invention without undue experimentation

Laboratory Corporation of America Holdings v. Metabolite Laboratories, Inc

Winston & Strawn LLP
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USA
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March 16 2010

When infringement is not at issue, a lawsuit for breach of know-how and patent license agreement does not arise under patent law

Sun Pharmaceutical Industries, Ltd. v. Eli Lilly and Co

Winston & Strawn LLP
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USA
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August 3 2010

For obviousness-type double patenting, a claim to a method of using a composition is not patentably distinct from an earlier patent's claim to the identical composition where the earlier patent discloses the identical use; where multiple uses are disclosed in the earlier patent, a later patent impermissibly extends the monopoly if it claims any of the disclosed uses

Boehringer Ingelheim International GmbH v Barr Laboratories, Inc

Winston & Strawn LLP
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USA
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February 2 2010

In a patent infringement suit involving claims directed to the treatment of Parkinson’s disease, the patent at issue was the third in a chain of related divisional patents

When a commercial product meets all of the claim limitations, a comparison to that product may support a finding of infringement

Winston & Strawn LLP
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USA
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August 10 2010

The district court entered a judgment that the accused infringer’s Abbreviated New Drug Application (ANDA) product would not infringe the asserted claims of the patent-in-suit

The simple inclusion of a novel, yet functionally unrelated limitation, such as one requiring “informing” an individual of the properties of the claim, adds no novelty to that claim for anticipation purposes

Winston & Strawn LLP
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USA
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August 10 2010

The assignor owned two patents directed to the muscle relaxant drug Metaxalone

A claim construction that renders asserted claims facially nonsensical “cannot be correct.”

Winston & Strawn LLP
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USA
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August 10 2010

The patentee sued the alleged infringer on a patent involving safety needles for blood collection

Abraxis Bioscience, Inc. v. Navinta LLC

Winston & Strawn LLP
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USA
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November 16 2010

To establish Article III standing, a plaintiff must demonstrate that it holds an enforceable title to the patent at the inception of an infringement action, and jurisdictional defects cannot be cured after the complaint has been filed

Cancer Research Tech. Ltd. v. Barr Laboratories, Inc

Winston & Strawn LLP
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USA
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November 16 2010

The defense of prosecution laches requires a finding of prejudice as shown by evidence of intervening rights; for inequitable conduct, a finding of intent to deceive cannot rely solely on the same evidence used to support a finding of materiality

A patent is sufficiently enabled with respect to utility when the specification discloses information not found in the prior art from which a person of skill in the art would conclude that the claimed invention was useful

Winston & Strawn LLP
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USA
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September 15 2010

The patentee asserted various patents directed to the drug raloxifene hydrochloride used to treat postmenopausal osteoporosis