The Federal Circuit affirmed the ITC’s finding that Honeywell’s PET yarn patent claims were insolubly ambiguous — and therefore invalid as indefinite — because the claims specified measurement parameters without identifying which of four sample preparation methods should be used to make
The Federal Circuit held that 35 U.S.C. § 271(g) — which prohibits importing products made by a patented U.S. process — covers only physical products actually manufactured by the patented process, not information or drug leads identified by using the patented research method.
The Federal Circuit held that Schering’s patent on a metabolite of Claritin (loratadine) was invalid because the metabolite is necessarily and inherently formed when a patient takes a dose of the previously patented loratadine — establishing that inherent anticipation does not require recognit
The Federal Circuit reversed a declaratory judgment of non-infringement, holding that the doctrine of claim differentiation creates a strong presumption that an independent claim has a broader scope than its dependent claims, and that the narrow limitation in a dependent claim should not be read bac
The Federal Circuit reversed summary judgments of non-infringement and invalidity, holding that the district court improperly added a negative limitation to patent claims without intrinsic evidence support, and that prosecution disclaimer applies only when a patentee makes clear and unmistakable sur
The Federal Circuit held that the Hatch-Waxman safe harbor of § 271(e)(1) does not immunize basic pre-clinical research conducted by drug companies even when the research might eventually lead to FDA submissions, adopting a narrow reading later reversed by the Supreme Court.
The Federal Circuit held that NAFTA’s amendments to the Lanham Act require proof of actual consumer deception before a mark can be refused registration as primarily geographically deceptively misdescriptive, overturning a TTAB refusal of the CALIFORNIA INNOVATIONS mark.
The Federal Circuit held that a shrink-wrap license contractually prohibiting reverse engineering of software is enforceable and not preempted by federal copyright law, even though copyright law itself permits reverse engineering in certain circumstances.
The Federal Circuit held that an ANDA applicant seeking approval to sell a generic drug for an FDA-approved use does not infringe a method-of-use patent claiming an unapproved, off-label use of the same drug — establishing important limits on Hatch-Waxman patent infringement actions.
The Federal Circuit affirmed rejection of claims for a nickel-base superalloy composition, holding that a prior art reference disclosing a range that overlaps a claimed range establishes a prima facie case of obviousness, and that the normal desire of scientists to optimize within known ranges provi