Category Archives: Infringement

Genband US LLC v. Metaswitch Networks Corp., et al.

Docket No. 2017-1148 LOURIE, TARANTO, CHEN July 10, 2017 Brief summary: DC denial of preliminary injunction vacated and remanded as it was not clear it applied the appropriate standards regarding the “‘causal nexus’ between the infringing features of the infringer’s … Continue reading

Posted in Damages, Infringement | Leave a comment

The Cleveland Clinic Foundation et al. v. True Health Diagnostics LLC

Docket No. 2016-1766 LOURIE, REYNA, WALLACH June 16, 2017 Brief Summary: Patent directed at detecting myeloperoxidase release as a sign of cardiovascular disease ineligible under § 101. DC decision of no contributory or induced infringement affirmed since CCF fell “short … Continue reading

Posted in Contributory Infringement, Inducement to Infringe, Infringement, Patentability, Uncategorized | Leave a comment

Rivera et al. v. International Trade Commission and Solofill, LLC (Intervenor)

Docket No. 2016-1841 REYNA, LINN, CHEN May 23, 2017 Brief Summary: ITC decision of no § 337 violation because the asserted claims to a beverage brewer are invalid for lack of written description affirmed. Summary: Rivera appealed ITC holding that … Continue reading

Posted in Contributory Infringement, Importation, Inducement to Infringe, Infringement, International Trade Commission, Written description | Leave a comment

Mylan Insitutional LLC and Apicore US LLC v. Aurobindo Pharma Ltd., et al.

Docket No. 2017-1645 LOURIE, MOORE, REYNA May 19, 2017 Brief Summary: DC grant of preliminary injunction and finding of infringement Apicore’s “process patents” under the DOE reversed since the function-way-result test not appropriate under this chemical case. Grant of PI … Continue reading

Posted in Anticipation (35 USC 102), Doctrine of equivalents, Infringement, Obviousness | Leave a comment

Braintree Laboratories, Inc. v. Breckenridge Pharmaceutical, Inc.

Docket No. 2016-1731 NEWMAN, MOORE, WALLACH May 5, 2017 Non-precedential Brief Summary: DC claim construction (e.g., previous Novel decision “foreclosed the [DC’s] construction of ‘from about 100 ml to about 500 ml’”) and infringement decisions reversed (e.g., claimed effects of … Continue reading

Posted in Claim Construction, Generics / ANDA, Inducement to Infringe, Infringement | Leave a comment

Tomita Technologies USA, LLC et al. v. Nintendo Co., Ltd.

Docket No. 2016-2015 PROST, BRYSON, WALLACH March 17, 2017 Non-precedential Brief Summary: DC finding of no infringement of means-plus-function limitation after consideration of “function-way-result” and “insubstantial differences” tests affirmed. Summary: Tomita appealed DC holding on remand (Tomita Techs., FC 2014) … Continue reading

Posted in Doctrine of equivalents, Infringement, Means-plus-function | Leave a comment

Wi-LAN USA, Inc. et al. v. Ericsson, Inc. et al.

Docket No. 2015-1766, -1794 MOORE, O’MALLEY, WALLACH January 17, 2017 Non-precedential Brief Summary: DC grant of SJ for anticipation and non-infringement vacated; determination that Most Favored Licensee Provision of Agreement only applied to patents owned as of the date thereof. … Continue reading

Posted in Anticipation (35 USC 102), Infringement, Licensing, Summary Judgment | Leave a comment