Appeal of Discovery Order in BPCIA Patent Infringement Case Dismissed for Lack of Jurisdiction and Writ of Mandamus for Compelling Discovery Denied

AMGEN v. HOSPIRA:  August 10, 2017.  Before Dyk, Bryson and Chen.   Takeaway: The lack of immediate appeal over orders denying discovery of paragraph (l)(2)(A) information under BPCIA does not render such orders “effectively unreviewable” on appeal from a final judgment to qualify for interlocutory review. The reasonableness requirement of paragraph …

Federal Circuit Dismisses Appeal upon Finding it is Precluded from Reviewing District Court’s Decision to Remand for Lack of Subject Matter Jurisdiction

PRESTON V. NAGEL: Jun. 1, 2017. Before Dyk, Taranto, and Hughes. Takeaways: The CAFC is barred under 28 U.S.C. § 1447(d) from reviewing the district court’s decision to remand because the remand was based on a lack of subject matter jurisdiction. The CAFC found that while hearing state-law and patent-law …

“Clear and Indisputable” Right to Relief Required for Writ of Mandamus

Authored by Rose Cordero Prey, Michael Block, Jean Dassie, and Vaibhav Sharma IN RE: READREN: Nov. 17, 2016. Before Moore, Hughes, and Stoll. The Takeaway: Mandamus carries a very high standard of showing “clear and indisputable” right to relief with the unavailability of other legal channels to obtain the same …

Federal Circuit Lacks Appellate Jurisdiction over Board’s Determination of Whether Assignor Estoppel Prohibits IPR Institution

Authored by Rose Cordero Prey, Jonathan Thomas, and William Uhr HUSKY INJECTION MOLDING SYSTEMS LTD. V. ATHENA AUTOMATION LTD., Nos. 2015-1726, 2016-1727 (Fed. Cir. Sep. 23, 2016) (precedential).  On appeal from the PTAB. Before Lourie, Plager, and Stoll. Procedural Posture: Patentee appealed from a decision of the Board in an …

Summary Judgment of Invalidity Vacated for Failure to Fully Address Plaintiff’s Arguments

Authored by Paul T. Qualey, Ji Lei, and Armin Ghiam Semcon Tech, LLC v. Micron Technology Inc., No. 2015-1936 (Fed. Cir. Aug. 19, 2016) (nonprecedential).  On appeal from D. Del.  Before Prost, Bryson and Stoll. Procedural Posture:  Plaintiff-Appellant appealed district court’s grant of summary judgment of invalidity by anticipation.  CAFC …