The Medicines Company v. Mylan, Inc. (No. 2015-1113, 4/6/17) (Dyk, Wallach, Hughes)

April 6, 2017 12:05 PM

Dyk, J. Affirming judgment of noninfringement of one patent and reversing judgment of infringement of another patent.  All asserted claims required a particular process step, construed as defined by one example in the specification, which was not met by the accused ANDA. “The patentee's construction of [the step] … attempts to claim all solutions to the identified … problem, without describing the entire range of solutions to that problem. {This] construction is therefore not permissible.”

A full version of the text is available in PDF form.

Wasica Finance GmBH v. Continental Automotive Systems (No. 2015-2078, 4/4/17) (Prost, Schall, Chen)

April 4, 2017 4:57 PM

Schall, J. Affirming in part and reversing in part PTAB (un)patentability decisions in IPR proceedings. Where the specification and claims use words “interchangeably[,] [t]his drafting choice equates the two terms for claim construction purposes.” 

A full version of the text is available in PDF form.

Novartis AG v. Noven Pharmaceuticals Inc.  (No. 2016-1678, 4/4/17) (Prost, Wallach, Stoll)

April 4, 2017 1:12 PM

Wallach, J. Affirming PTAB rulings of obviousness in inter partes reviews. Prior judicial decisions did not bind the PTAB. “[E]ven if the record were the same, … the PTAB properly may reach a different conclusion based on the same evidence,” because of the different burdens of proof in judicial and IPR proceedings. 

A full version of the text is available in PDF form.

Asetek Danmark v. CMI USA Inc. (No. 2016-1026, 4/3/17) (Prost, Newman, Taranto)

April 3, 2017 10:08 AM

Taranto, J. Upon rehearing of case after decision at Asetek Danmark A/S v. CMI USA Inc. [OPINION], denying rehearing en banc but granting in part panel rehearing and issuing a new opinion that affirmed the district court's liability and damages rulings but vacated in part and remanded for further consideration the injunction against a non-party insofar as the injunction reaches conduct by the non-party regarding the covered products that goes beyond abetting a new violation by the named defendant.