News & Analysis as of

Doctrine of Equivalents Prior Art

2017 Supreme Court and Precedential Patent Cases From the Federal Circuit, With Some Significant Cases from 2016

Arbitration - Waymo v. Uber Technologies, 870 F.3d 1342 (Fed. Cir. 2017) - Waymo sued Uber and others for trade secret misappropriation and patent infringement. Uber contends that Waymo should be compelled to...more

Fresh From the Bench: Precedential Patent Cases From the Federal Circuit

In Jang v. Boston Scientific, the Circuit takes on the doctrine of ensnarement, affirming a district court’s grant of JMOL based on the patentee’s inability to develop a hypothetical claim that covered the accused stent but...more

UK Supreme Court broadens scope of patent protection

by Dechert LLP on

The UK Supreme Court’s recent judgment in Actavis v Eli Lilly sets out a revised approach to assessing the scope of protection of patents. The new approach is likely to confer greater protection on patent owners, by providing...more

Judge Abrams Dismisses Case Based on Arguments Made to the PTO During Prosecution

On August 9, 2016, District Judge Ronnie Abrams (S.D.N.Y.) granted defendant Richloom Fabrics Group, Inc.’s motion to dismiss plaintiff Anchor Sales & Marketing, Inc.’s allegation of patent infringement based on the doctrine...more

Interpreting Utility Patent Claims

by Snell & Wilmer on

Utility patents constitute about 90% of the patents in the United States. Design patents and plant patents, which are not discussed here, comprise the other 10%. Utility patents protect the functional aspects of a machine,...more

No Approval for Generic Product for Treatment of Rosacea **WEB ONLY**

by McDermott Will & Emery on

Addressing infringement under the doctrine of equivalents and obviousness issues, the US Court of Appeals for the Federal Circuit affirmed the district court’s ruling barring approval of a generic version of Finacea® gel...more

CAFC Affirms Finacea Gel Infringement Under Doctrine of Equivalents

by Foley & Lardner LLP on

In Intendis GmbH v. Glenmark Pharmaceuticals Inc., USA, the Federal Circuit affirmed the district court decision that found infringement under the doctrine of equivalents. This case shows that the doctrine of equivalents...more

Spectrum Pharmaceuticals Inc. v. Sandoz Inc. (Fed. Cir. 2015)

Last week the Federal Circuit affirmed a District Court's finding of invalidity and non-infringement in ANDA litigation between Spectrum Pharmaceuticals and Sandoz. In so doing, the Court deferred to the factual...more

Federal Circuit Review | April 2015

by Knobbe Martens on

No Recovery Of Lost Profits From Related Companies’ Activities - In WARSAW ORTHOPEDIC, INC. v. NUVASIVE, INC., Appeal Nos. 2013-1576, -1577, the Federal Circuit held that a company was not entitled to lost profits based...more

BakerHostetler Patent Watch: Cheese Sys., Inc. v. Tetra Pak Cheese and Powder Sys., Inc.

by BakerHostetler on

Where a court holds a claim obvious without making findings of secondary considerations, the lack of specific consideration of secondary considerations ordinarily requires a remand....more

Federal Circuit Review - Volume 2 | Issue 12 December 2012

by Knobbe Martens on

In This Issue: • Indexing Not Required for Online Prior Art Publication • Claim Indefinite for Not Disclosing Any Structure • Aluminum Not Inherently Disclosed - Excerpt from Claim Indexing Not Required...more

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