Category Archives: U.S. Supreme Court

Novartis appeals to SCOTUS rehearing of FC panel decision reversing negative limitation written description finding of prior FC panel

Novartis Pharm. Corp. v. Accord Healthcare, et al. and HEC Pharm Co., Ltd. et al. Docket No. 2021-1070 ( MOORE (D), LINN, O’MALLEY January 24, 2022 Second Update (January 24, 2023): Novartis petitioned SCOTUS with two questions presented:  1) Whether … Continue reading

Posted in Appeal, Negative Limitations, U.S. Supreme Court, Written description | Leave a comment

WesternGeco LLC v. Ion Geophysical Corp.

Docket No. 16-1011 PROST, MOORE, STOLL June 22, 2018 Brief summary: SCOTUS reversed the FC, holding that WG’s “award for [extraterritorial] lost profits was a permissible domestic application of §284”. Summary: WesternGeco (WG) sued Ion Geophysical (ION), alleging ION infringed … Continue reading

Posted in Damages, Lost Profits, U.S. Supreme Court | Leave a comment

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

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

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