Category Archives: U.S. Supreme Court

Sandoz Inc. v. Amgen Inc. et al.

SCOTUS No. 15-1039 (decided with 15-1195, Amgen Inc. et al. v. Sandoz Inc.) June 12, 2017 Brief Summary: FC issuance of “a federal injunction prohibiting Sandoz from marketing Zarxio until 180 days after licensure” reversed since “the applicant may provide … Continue reading

Posted in Biosimilars, U.S. Supreme Court | Leave a comment

Commil USA, LLC v. Cisco Systems, Inc.

SCOTUS Docket No. 13-896 May 26, 2015 Supreme Court of The United States Brief Summary: FC decision “that the trial court erred in excluding Cisco’s evidence of its good-faith belief that Commil’s patent was invalid” incorrect; SCOTUS concludes “defendant’s belief … Continue reading

Posted in Contributory Infringement, Inducement to Infringe, Infringement, U.S. Supreme Court | Leave a comment

B&B Hardware, Inc. v. Hargis Industries, Inc.

U.S. Supreme Court Docket No. 13-352 Decided March 24, 2015 Brief Summary: “[I]ssue preclusion is not limited to those situations in which the same issue is before two courts” but may also apply “where a single issue is before a … Continue reading

Posted in Issue Preclusion, Trademarks, U.S. Supreme Court | Leave a comment

Teva Pharmaceuticals USA, Inc. v. Sandoz, Inc. et al.

Docket No. 13-854 U.S. Supreme Court (opinion delivered by J. Breyer) January 20, 2015 Brief Summary: The FC was found to have erred in not accepting the DC’s factual findings regarding the meaning of the term “molecular weight” without finding … Continue reading

Posted in Claim Construction, Indefiniteness, U.S. Supreme Court | Leave a comment

Limelight Networks, Inc. v. Akamai Technologies, Inc. et al.

Docket No. 12-786 Supreme Court of the United States June 2, 2014 Brief Summary: Liability for inducement (§271(b)) must be predicated on direct infringement (“under §271(a) or any other statutory provision”). Summary: Akamai is the exclusive licensee of a patent … Continue reading

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Nautilus, Inc. v. Biosig Instruments, Inc.

Docket No. 13-369 Supreme Court of the United States June 2, 2014 Brief Summary: Supreme Court vacated the FC decision and remanded the case for reconsideration under the standard is “that a patent is invalid for indefiniteness if its claims, … Continue reading

Posted in Indefiniteness, U.S. Supreme Court | Leave a comment

Medtronic, Inc. v. Mirowski Family Ventures, LLC

Docket No. 12-1128 U.S. Supreme Court (Breyer) January 22, 2014 Brief Summary: Where a patentee alleges infringement by a licensee and the licensee moves for DJ of non-infringement, the burden of proof remains with the patentee to show infringement (e.g., … Continue reading

Posted in Licensing, U.S. Supreme Court | Leave a comment