Foreign Patent Litigation Not Sufficient to Create Article III Case or Controversy

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

Eyes on Alice: Improved Computer Memory System Patent Eligible

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

Federal Circuit Rejects District Court’s Invalidity Finding Based on Key Tenets of Non-Obviousness

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