Precedential Federal Circuit Opinions


Prost, J. Reversing grant of motion to dismiss for failure to state a claim for correction of inventorship and misappropriation of trade secrets. The district court’s opinion dismissing the complaint erred in judicially noticing the content of a prior art publication not mentioned in the pleadings where what the publication disclosed was a subject of reasonable dispute.

DR. FALK PHARMA GMBH v. GENERICO, LLC [ORDER - PRECEDENTIAL] (Lourie, O’Malley, Reyna) O’Malley, J. Granting motion to disqualify law firm based on concurrent conflicts of interest.

CENTRAK, INC. v. SONITOR TECHNOLOGIES, INC. [OPINION - PRECEDENTIAL] (Reyna, Taranto, Chen) Chen, J. Reversing summary judgment that claims lacked written description and were not infringed. Although patent devoted most of its disclosure to infrared components, a dispute of fact existed over whether brief discussion of ultrasonic components adequately described claims covering both. The Court declined to address enablement, which the district court did not decide, as an alternative ground of affirmance. The district court also erred in deciding that there was no dispute of fact over whether the defendant’s “final assembly” of the accused system constituted acts of infringement.