In an appeal characterized as “unusual,” the Federal Circuit affirmed the grant of a preliminary injunction, holding it likely that plaintiff patent holder would succeed on the merits its claim of infringement of a patent claiming a purified chemical compound, but reversed a finding of infringement under the doctrine of equivalents of related chemical process … Continue reading this entry
Dow Chemical Company (“Dow”) lost a ruling that competitor NOVA Chemical Corporation and NOVA Chemicals Inc. (collectively “NOVA”) infringed claims of two Dow patents when the Federal Circuit applied the U.S. Supreme Court’s new definiteness standard set forth in Nautilus, Inc. v. Biosig Instruments, Inc., 134 S. Ct. 2120 (2014)(“Nautilus”). Dow Chemical Co. v. NOVA Chemicals … Continue reading this entry Tags: Personalized Medicine,USPTO
On July 22, 2015, the U.S. District Court for the District of Maryland dismissed a long standing patent infringement suit brought by StemCells, Inc. against Neuralstem, Inc., on the ground that all those with an ownership interest in the patents-in-suit did not voluntarily join as plaintiffs in the action. StemCells, Inc v. Neuralstem, Inc., Case … Continue reading this entry Tags: Inventorship,Personalized Medicine,Stem Cells
If two or more actors jointly perform a patented method, is the claim infringed ? Late last week, in Akamai Technologies, Inc. v. Limelight Networks, Inc., and McKesson Technologies, Inc. v. Epic Systems Corp., __ F.3d __ (Fed. Cir. 2012)(“Akamai”) the Federal Circuit said yes, infringement can be found under 35 U.S.C. § 271(b) if a … Continue reading this entry
On June 23, 2011, the United States House of Representatives passed the “Leahy-Smith America Invents Act” (H.R. 1249) to amend title 35 of the United States Code, to provide for patent reform. Within the numerous provisions related to the examination, administration and enforcement of U.S. patents is a proposed amendment that may affect the value … Continue reading this entry Tags: Gene Patent,Genetic Test,Patent Eligibility,Patent Reform
The U.S. Supreme Court in Global-Tech Appliances Inc. v. SEB S.A., __ U.S. __ (2011) recently created a new test for inducement to infringe a patent claim. This is significant for patents in the medical diagnostic field and companion diagnostics where the patent holder may not wish to sue one who is literally infringing the patent, such as a hospital laboratory or medical doctor, but rather seek to enjoin or obtain monetary damages from the manufacturer of the laboratory test under the theory that selling the test to the laboratory or doctor was an inducement to infringe the patent.
… Continue reading this entry Tags: Companion Diagnostics,Inducement to Infringe,Medical Method Patent