Courtenay C. Brinckerhoff

Courtenay C. Brinckerhoff

Foley & Lardner LLP

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Federal Circuit Vacates Infringement of Braintree SUPREP Patent

In a divided opinion issued in Braintree Labs., Inc. v. Novel Labs., Inc., the Federal Circuit reversed the district court on one of two challenged claim construction issues and vacated the district court’s finding of...more

5/30/2014 - ANDA Claim Construction Generic Drugs Patent Infringement Patent Litigation Patents

Federal Circuit Finds Easy Solution to Avodart Solvate Written Description Question

Are claims that recite a “solvate” of a chemical compound invalid for lack of written description if the patent does not describe any specific solvates? In GlaxoSmithKline LLC v. Banner Pharmacaps, Inc., the Federal Circuit...more

3/13/2014 - Chemicals Claim Construction FDA GlaxoSmithKline Patent Litigation Patents Pharmaceutical Written Descriptions

Split Federal Circuit Hews to De Novo Claim Construction Review

In a six-four en banc decision in Lighting Ballast Control LLC v. Philips Electronics North Am. Corp., a divided Federal Circuit confirmed its practice of de novo claim construction review. The main question arising from the...more

3/3/2014 - Claim Construction de novo standard of review Patent Litigation

Takeda Prevacid SoluTab Patent Valid, But Not Infringed

In Takeda Pharmaceutical Company Ltd. v. Zydus Pharmaceuticals USA, Inc., the Federal Circuit reversed the district court’s finding that Zydus’s proposed generic product infringed Takeda’s Prevacid® SoluTab™ patent, but...more

2/25/2014 - Claim Construction Patent Infringement Patent Litigation Patents

Federal Circuit Reverses Board Rejections That Strayed From Claim Construction

In the non-precedential decision in In re Eaton, the Federal Circuit reversed the USPTO Board decision affirming rejections of anticipation and obviousness. The court found that the Board decision strayed from its own claim...more

12/2/2013 - Claim Construction Obviousness Patent Litigation Patents USPTO

Federal Circuit Finds Flexibility in Admissibility of Expert Testimony on Infringement

In MeadWestVaco Corp. v. Rexam Beauty and Closures, Inc., the Federal Circuit upheld the admissibility of expert testimony that was not fully aligned with the district court’s claim construction. In so doing, the court...more

10/8/2013 - Claim Construction Evidence Expert Testimony Infringement Patent Litigation Patents

Federal Circuit Finds LUNESTA Patent Infringement Based on ANDA Product Description Not Avoided by Other Certifications

In Sunovion Pharmaceuticals, Inc. v. Teva Pharmaceuticals USA, Inc., the Federal Circuit reversed the district’s holding of no Lunesta® patent infringement that was based on a certification submitted to the court, and found...more

10/1/2013 - ANDA Claim Construction FDA Infringement Patents Pharmaceutical Prescription Drugs

Federal Circuit Holds Patentee to Functional Claim Language

In Bayer Cropscience AG v. Dow AgroSciences LLC, the Federal Circuit upheld the district court’s claim construction that interpreted “2,4-D monooxygenase” in accordance with its established scientific meaning, even though...more

9/6/2013 - Claim Construction Functionality Infringement Patent Applications Patent Litigation Patents

Claim Construction Not Illuminated By Ambiguous Restriction Requirement

In Plantronics, Inc. v. Alph, Inc., the Federal Circuit rejected arguments that the election made in response to the Restriction Requirement limited the scope of the claims in a manner that was not reflected in the claim...more

8/7/2013 - Ambiguous Boilerplate Language Claim Construction Filing Requirements

In Uship Federal Circuit Finds Prosecution History Disclaimer in Arguments Against Restriction Requirement

In Uship Intellectual Properties, LLC v. United States, the Federal Circuit upheld the claim construction applied by the Court of Federal Claims when it held that the United States and IBM Corporation did not infringe the...more

5/23/2013 - Claim Construction Infringement Patent Prosecution Patents

Federal Circuit Holds That Patent Indefiniteness Requires Insoluble Ambiguousness

In Biosig Instruments, Inc. v. Nautilus Inc., the Federal Circuit reversed the district court’s finding that the claims at issue were invalid as indefinite, because the claims were not “insolubly ambiguous.” This case...more

5/3/2013 - Ambiguous Claim Construction Indefiniteness Infringement Medical Devices Patents

Federal Circuit to Reconsider De Novo Review of Claim Construction

In a nonprecedential order issued March 15, 2013, the Federal Circuit granted rehearing en banc in Lighting Ballast Control, LLC v. Philips Electronics North America Corp., to consider the following questions: 1. ...more

3/21/2013 - Claim Construction Motion To Reconsider Patents

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