Monthly Archives: July 2011

The DOE is DOA for amending to claim variant drug formulations

See DURAMED PHARMA v. PADDOCK LABS Issue(s):  Was the lower court correct in granting summary judgment of noninfringement to Paddock Laboratories, Inc. (“Paddock”) finding that prosecution history estoppel bars Duramed’s allegations of infringement under the doctrine of equivalents? DURAMED PHARMACEUTICALS, … Continue reading

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7/9-20/2011 No New Opinions

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A Claim Construction Case: Defining a Syringe “body” with Dissent

See http://www.cafc.uscourts.gov/images/stories/opinions-orders/10-1402.pdf Issue(s): Was the lower court correct in denying BD’s post-trial motions for judgment as a matter of law (“JMOL”) or for a new trial on the issues of infringement and invalidity of the asserted patents?  On appeal, BD … Continue reading

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Interpreting the Scope of a Covenant Not Sue

See http://www.cafc.uscourts.gov/images/stories/opinions-orders/11-1115.pdf Issue(s): Was the lower court correct in granting a preliminary injunction to enforce a forum selection clause against Leviton Manufacturing Co., Inc. (“Leviton”) which resolved a prior patent lawsuit brought by Leviton against General Protecht Group, Inc.? GENERAL … Continue reading

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7/1-7/2011 No New Opinions

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6/28-30/2011 No New Opinions

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Inequitable Conduct after Therasense

See http://www.cafc.uscourts.gov/images/stories/opinions-orders/09-1503-1567.pdf Issue(s): Was the lower court correct in granting holding American Calcar patents unenforceable due to inequitable conduct and granting summary judgment of noninfringement in favor of the defendants Honda Motor Company? AMERICAN CALCAR, INC. Plaintiff-Appellant, v. AMERICAN HONDA … Continue reading

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6/25-26/2011 No New Opinions

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Muscling in on creatine: Strong Patents and Cases or Controversies

See http://www.cafc.uscourts.gov/images/stories/opinions-orders/10-1445.pdf Issue(s): Was the lower court correct in granting a summary judgment that Starmark’s patent, U.S. Patent No. 7,109,373 (the “’373 Patent”), is not invalid and not infringed, as well as denying Creative’s motion to dismiss for lack of … Continue reading

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