Top 10 Patent Cases for the Month of May 2012

Top 10 Patent Cases for the Month of May 2012

1. In re Hyon, 2011-1239, UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, 2012 U.S. App. LEXIS 10553, May 24, 2012, Decided [enhanced version available to lexis.com subscribers]

OVERVIEW:  Substantial evidence supported the finding that a person of ordinary skill in the art would have been motivated to combine early crosslinking step of Kitamaru with process of Zachariades to obtain the enhanced properties disclosed by Kitamaru. Reissue claims would have been obvious, 35 U.S.C.S. § 103, in light of the prior art.

CORE TERMS:  polyethylene, crosslinking, reissue, cross-linking, block, examiner, improved, teach, compression, combine ...

 

2. In re Baxter Int'l, Inc., 2011-1073, UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, 2012 U.S. App. LEXIS 9983, May 17, 2012, Decided [enhanced version available to lexis.com subscribers]

OVERVIEW:  The United States Patent and Trademark Office, Board of Patent Appeals and Interferences, did not err in determining that patent claims would have been obvious to one of ordinary skill in the art, under 35 U.S.C.S. § 103(a). The clear and convincing evidence standard of  35 U.S.C.S. § 282 applied only to infringement actions.

CORE TERMS:  patent, reexamination, dialysate, examiner, user, prior art, corresponding, delivering, machine, pump ...

 

3. Apple, Inc. v. Samsung Elecs. Co., 2012-1105, UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, 2012 U.S. App. LEXIS 9720, May 14, 2012, Decided [enhanced version available to lexis.com subscribers]

OVERVIEW:  Patents at issue pertained to smartphones and tablet computers. Patent owner appealed from denial of a preliminary injunction. As to three of the four patents at issue in this appeal, the patent owner did not satisfy its burden of demonstrating an abuse of discretion. As to fourth patent, district court committed legal error requiring remand.

CORE TERMS:  patent, irreparable harm, tablet, preliminary injunction, injunction, front, infringement, smartphone, injunctive relief, screen ...

 

4. In re Youman, 2011-1136, UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, 2012 U.S. App. LEXIS 9346, May 8, 2012, Decided [enhanced version available to lexis.com subscribers]

OVERVIEW:  Regarding 35 U.S.C.S. § 251, Board of Patent Appeals and Interferences did not properly conduct step three of the recapture rule analysis. Specifically, without conducting any analysis beyond determining that the limitations the applicants identified as materially narrowing were not overlooked aspects, the Board did not correctly apply step three.

CORE TERMS:  reissue, recapture, surrendered, patent, subject matter, patentee, original claim, narrowing, patented, prior art ...

 

5. Leader Techs., Inc. v. Facebook, Inc., 2011-1366, UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, 2012 U.S. App. LEXIS 9347, May 8, 2012, Decided [enhanced version available to lexis.com subscribers]

OVERVIEW:  Central issue was whether product that was publicly used and on sale prior to December 10, 2002 fell within the scope of the asserted claims, thus rendering them invalid under 35 U.S.C.S. § 102(b). Substantial evidence supported jury's verdict that patent owner offered for sale and publicly demonstrated the claimed invention prior to critical date.

CORE TERMS:  user, software, invention, patent, new trial, technology, engine, powered, jury's verdict, invalidity ...

 

6. In re Montgomery, 2011-1376, UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, 2012 U.S. App. LEXIS 9348, May 8, 2012, Decided [enhanced version available to lexis.com subscribers]

OVERVIEW:  Prior art reference anticipated a claim under 35 U.S.C.S. § 102(b) if it disclosed every claim limitation. Prior art reference disclosed a protocol for administration of ramipril to stroke-prone patients, and administering ramipril to stroke-prone patients inevitably treated or prevented stroke. Thus, it inherently anticipated the claims at issue.

CORE TERMS:  ramipril, patient, stroke, patent, prevention, inhibitor, prior art, disclose, inherency, inherently ...

 

7. Otsuka Pharm. Co. v. Sandoz, Inc., 2011-1126, 2011-1127, UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, 2012 U.S. App. LEXIS 9248, May 7, 2012, Decided [enhanced version available to lexis.com subscribers]

OVERVIEW:  Drug patent claims were not invalid due to obviousness under 35 U.S.C.S. § 103 because there was no clear and convincing evidence showing that one of ordinary skill would have been motivated to combine the asserted prior art to make the patented chemical compound at issue and would have had a reasonable expectation of success in doing so.

CORE TERMS:  compound, prior art, antipsychotic, aripiprazole, propoxy, butoxy, carbostyril, double, unsubstituted, patenting ...

 

8. Chi. Bd. Options Exch., Inc. v. Int'l Secs. Exch., LLC, 2011-1267, 2011-1298, UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, 2012 U.S. App. LEXIS 9247, May 7, 2012, Decided [enhanced version available to lexis.com subscribers]

OVERVIEW:  In a patent case, the district court erred in its construction of a mean-plus-function limitation under 35 U.S.C.S. § 112, para. 6, because it incorrectly identified the corresponding structure in the specification that performed the recited function. The clearly linked structure was "system memory."

CORE TERMS:  matching, memory, allocating, quotation, automated, parameter, incoming, specification, trading, customer ...

 

9. Minkin v. Gibbons, P.C., 2011-1178, UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, 2012 U.S. App. LEXIS 9158; 102 U.S.P.Q.2D (BNA) 1573, May 4, 2012, Decided [enhanced version available to lexis.com subscribers]

OVERVIEW:  Plaintiff patent applicant failed to raise a single material fact in dispute as to the non-obviousness, under 35 U.S.C.S. § 103(a), of any proposed alternate claims, and thus failed to prove causation of an injury as a result of the alleged legal malpractice of defendant patent attorneys, as required under New Jersey law.

CORE TERMS:  patentability, alternate, summary judgment, prior art, malpractice, patent, nonobviousness, handle, pivot, examiner ...

 

10. In re EMC Corp., Miscellaneous Docket No. 100, UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, 2012 U.S. App. LEXIS 9159; 102 U.S.P.Q.2D (BNA) 1539, May 4, 2012, Decided [enhanced version available to lexis.com subscribers]

OVERVIEW:  Alleged patent infringers were entitled to have their motion to sever the claims against them analyzed under the "same transaction or occurrence" under Fed. R. Civ. P. 20(a) and 21, where the sameness of the accused products was insufficient to establish that claims of infringement. Joinder for discovery was permissible under Fed. R. Civ. P. 42(a).

CORE TERMS:  joinder, patent, occurrence, infringement, sever, series of transactions, mandamus, transaction-or-occurrence, storage, com ...

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