In Sanofi v. Watson Laboratories et al., the Federal Circuit affirmed the United States District Court for the District of Delaware’s ruling that the defendants’ sale of their proposed generic drugs would induce infringement by physicians, as well as the district court’s rejection of the defendants’ obviousness arguments and finding of direct infringement by both defendants. Nos. 2016-2722, 2016-2726, slip op. at 3 (Fed. Cir. Nov. 9, 2017). The patents-in-suit related to a heart rhythm medication, sold as Multaq® by Sanofi. Id. at 2. Continue reading
The Federal Circuit has issued two additional precedential decisions to its line of cases delineating between patent-eligible and patent-ineligible improvements in computer-related technology. On October 16, 2017, the Federal Circuit issued a decision concluding that seven patents related to a system used to identify and track letters and packages are directed to patent ineligible subject matter under 35 U.S.C. § 101. Similarly, on October 18, 2017, the Federal Circuit issued another decision finding four patents directed to mass transit fare payment technology unpatentable under section 101. Continue reading
On September 15, 2017, the Federal Circuit issued a precedential decision concluding that two parties’ engagement in litigation in a foreign country is not sufficient to confer jurisdiction for declaratory judgment purposes in the United States.
In Allied Mineral Products, Inc. v. Osmi, Inc., et al., the Federal Circuit upheld the United States District Court for the Southern District of Florida’s ruling that a manufacturer’s declaratory judgment action seeking to preemptively invalidate a patent should be dismissed since the patent owner (“Stellar”) made no attempts to enforce its United States patent against the manufacturer (“Allied”). No. 2016-2641, slip op. at 2 (Fed. Cir. September 15, 2017). Continue reading
In the wake of the Supreme Court’s decision in Alice Corp. v. CLS Bank International, 134 S. Ct. 2347 (2014), the Federal Circuit has issued a series of precedential decisions attempting to delineate between patent-eligible and patent-ineligible improvements in computer-related technology. On August 15, 2017, the Federal Circuit issued another important precedential decision on the subject, concluding that U.S. Patent No. 5,953,740, which claims computer memory systems having certain features, is directed to patent eligible subject matter under 35 U.S.C. § 101. Continue reading
On July 17, 2017, the Federal Circuit issued a precedential decision heavily criticizing the district court’s obviousness analysis invalidating U.S. Patent No. 7,713,446, directed toward a product for the treatment of oncology disease.
In Millennium Pharmaceuticals, Inc., v. Sandoz, Inc., a Hatch-Waxman litigation, the Federal Circuit reversed the United States District Court for the District of Delaware’s finding of invalidity and vacated judgment that was entered based on collateral estoppel. Nos. 2016-2066, 2016-1008, 2016-1009, 2016-1010, 2016-1109, 2016-1110, 2016-1283, 2016-1762, slip op. at 3 (Fed. Cir. July 17, 2017). The Federal Circuit held that the district court clearly erred in a number of its legal conclusions in its determination of obviousness under 35 U.S.C. § 103. Continue reading