Category Archives: Public Use

TransWeb, LLC v. 3M Innovative Properties Company, 3M Company

Docket No. 2014-1646 DYK, TARANTO, HUGHES February 10, 2016 Brief Summary: Findings of invalidity based on prior public use / obviousness, non-infringement, inequitable conduct, and trebeled damages for antitrust violations affirmed. Summary: Transweb sued for DJ of invalidity and non-infringement … Continue reading

Posted in Antitrust, Inequitable Conduct, Public Use, Willfullness | Leave a comment

Delano Farms Company et al. v. The California Table Grape Commission et al.

Docket No. 2014-1030 PROST, BRYSON, HUGHES January 9, 2015 Brief Summary: DC decision that a reasonable jury could not have determined whether members of the public were informed of or could readily discern the public had been put in possession … Continue reading

Posted in Anticipation (35 USC 102), Public Use, Uncategorized | Leave a comment

Pronova Biopharma Norge v. Teva Pharmaceuticals, et al.

Docket Nos. 2012-1498, -1499 DYK, O’MALLEY, WALLACH September 12, 2013 Non-precedential Brief summary: Anticipating public use found where doctor was provided patented composition without any confidentiality restriction. Summary: Teva appealed DC final judgment for Pronova that its US 5,656,667 and … Continue reading

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Dey, L.P., et al. v. Sunovion Pharmaceuticals, Inc.

Docket No. 2012-1428 NEWMAN, BRYSON, O’MALLEY May 20, 2013 Brief summary: Formal confidentiality agreements are not required to prevent invalidation for public use under 35 U.S.C. 102(b) (pre-2011) as long as “there were ‘circumstances creating a similar expectation of secrecy’” … Continue reading

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