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St. Jude Medical, Inc. v. Access Closure, Inc., No. 2012-1452 (Fed. Cir. Sept. 11, 2013).
  • Winston & Strawn LLP
  • USA
  • September 20 2013

Consonance requires that the challenged patent, the reference patent, and the restricted patent claim none of the same inventions identified by the


Keurig, Inc. v. Sturm Foods, Inc., No. 2013-1072 (Fed. Cir. Oct. 17, 2013)
  • Winston & Strawn LLP
  • USA
  • October 23 2013

The unrestricted sale of a patented apparatus exhausts patent protection on the methods of using the apparatus


nCube Corp. v. SeaChange Int’l, Inc., No. 2013-1066 (Fed. Cir. Oct. 10, 2013)
  • Winston & Strawn LLP
  • USA
  • October 18 2013

Contempt was not available when the modified product altered the narrow element that had been accused at trial


Sciele Pharma Inc. v. Lupin Ltd., No. 2012-1228 (Fed. Cir. July 2, 2012)
  • Winston & Strawn LLP
  • USA
  • July 26 2012

Defendants’ burden of proof for invalidity is not raised because a reference was previously before the PTO; statements made during prosecution to rebut enablement rejections under Section 112 may be used as proof of motivation to combine references under Section 103


The Charles Machine Works, Inc. v. Vermeer Mfg. Co., No. 2012-1578 (Fed. Cir. Jul. 26, 2013)
  • Winston & Strawn LLP
  • USA
  • August 2 2013

Very simple expert declaration was sufficient to defeat summary judgment on infringement under the doctrine of equivalents; limiting summary judgment


SkinMedica, Inc. v. Histrogen Inc., No. 2012-1560 (Fed. Cir. Aug. 23, 2013)
  • Winston & Strawn LLP
  • USA
  • September 4 2013

Patent prosecution history and specification were held to implicitly redefine the terms of a claim


University of Utah v. Max-Planck-Gesellschaft Zur Forderung der Wissenschaften E.V., Case No. 2012-1540, -1541, -1661 (Fed. Cir. Aug. 19, 2013)
  • Winston & Strawn LLP
  • USA
  • September 4 2013

The Supreme Court does not have original jurisdiction over a suit to correct inventorship between a State University and officials from another State


Awards of costs under 28 U.S.C. 1920 for electronic discovery expenses are limited to the steps necessary to produce the documents in the form demanded by the requesting party
  • Winston & Strawn LLP
  • USA
  • December 18 2013

In August 2007, the patentee sued for patent infringement. The district court granted summary judgment against the patentee. The accused infringers


A Section 337 exclusion order issued by the International Trade Commission may not be based on induced infringement where the accused products do not infringe until after importation
  • Winston & Strawn LLP
  • USA
  • December 18 2013

A complainant accused certain optical scanning devices of infringing its patents. After an investigation, the International Trade Commission issued


U.S. Supreme Court holds that plaintiffs may not circumvent CAFA’s clear purpose by creative pleading
  • Winston & Strawn LLP
  • USA
  • March 21 2013

Earlier this week, the U.S. Supreme Court issued a significant decision that signals that the Class Action Fairness Act ("CAFA") should be given its