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Monthly Archives: June 2011
A bitter sleeping pill: Claimed dose within disclosed range is prima facie obvious
See http://www.cafc.uscourts.gov/images/stories/opinions-orders/10-1513.pdf Issue(s): Was the lower court correct in granting a summary judgment invalidating the two claims of U.S. Patent No. 5,211,954 (“the ’954 patent”) for obviousness? TYCO HEALTHCARE GROUP LP AND MALLINCKRODT, INC., Plaintiffs Appellants, v. MUTUAL PHARMACEUTICAL COMPANY, … Continue reading
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When does a claim term really mean “means”?
See http://www.cafc.uscourts.gov/images/stories/opinions-orders/10-1525.pdf Issue(s): Was the lower court correct in granting ThyssenKrupp’s motion for summary judgment that the asserted claims of U.S. Patents 6,892,861 (“the ’861 patent”) and 6,935,465 (“the ’465 patent”) are invalid for failure to meet the definiteness requirement … Continue reading
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“Lack of immaculate trial behavior” and enhanced damages in cases of willfullness
See http://www.cafc.uscourts.gov/images/stories/opinions-orders/09-1564.pdf Issue(s): Was the lower court correct in holding that defendants willfully infringed the patent, granting a permanent injunction, an accounting, and pre- and post-judgment interest? SPECTRALYTICS, INC., Plaintiff-Appellant, v. CORDIS CORPORATION, Defendant-Cross Appellant, and NORMAN NOBLE, INC., Defendant-Cross … Continue reading
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Claiming Drug Analogues: What constitutes adequate Written Description?
See http://www.cafc.uscourts.gov/images/stories/opinions-orders/10-1230.pdf Issue(s): Was the district court correct in finding that the asserted claims of the the 1997 patents claiming drug-eluting stents are invalid for lack of adequate written description and lack of enablement claiming only “analogues” of rapamycin, and … Continue reading
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A silly case: What constitutes analogous art for a sugar-water mixing apparatus for hummingbird feeders?
See http://www.cafc.uscourts.gov/images/stories/opinions-orders/10-1411.pdf Issue(s): Did the Board of Patent Appeals and Interferences (“Board”) err in affirming the examiner’s rejection of certain claims of U.S. Patent Application No. 10/200,747 (“’747 application”) as obvious under 35 U.S.C. § 103 based on the Board’s … Continue reading
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Checking on whether checking software infringes
See http://www.cafc.uscourts.gov/images/stories/opinions-orders/09-1585%2010-1011.pdf Issue(s): Was the lower court correct in holding that check-security products sold by defendant Fiserv, Inc., did not infringe Advanced Software’s patent on a method and system for guarding against check fraud and forgery? ADVANCED SOFTWARE DESIGN CORPORATION … Continue reading
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