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 …

CAFC Concludes that the District Court Correctly Denied Plaintiff’s Motion for Judgment as a Matter of Law and Properly Upheld the Jury’s Verdict of Noninfringement Where the Jury Did Not Err in Finding that Defendant’s Devices Did Not Infringe the Claims in Plaintiff’s Patent

CORE WIRELESS LICENSING S.A.R.L, v. APPLE INC.: April 14, 2017.  Before O’Malley, Bryson, and Wallach. (precedential). Takeaway: CAFC affirmed the district court’s denial of plaintiff’s JMOL motion upholding the non-infringement verdict where substantial evidence supported the jury’s finding that the accused devices did not use a mobile station to select which …

A Prior Art Reference That Merely Suggests the Claimed Subject Matter Does Not Anticipate the Claims

Eli Lilly v. Los Angeles Biomedical (2016-1547), February 28, 2017.  Before Judges Newman, Bryson, and Moore. Takeaway: In order to anticipate claims directed toward a daily treatment regime, a reference must do more than merely suggest the claimed subject matter. Procedural Posture: Los Angeles Biomedical filed a patent infringement suit …

The CAFC Vacated a PTAB Finding of Obviousness Because, By Providing an Overly Broad Constructions, the PTAB Read Key Limitations out of the Claims

Los Angeles Biomedical v. Eli Lilly (2016-1518), February 28, 2017.  Before Judges Newman (concurring-in part and dissenting-in-part), Bryson, and Moore. Takeaway: The PTAB’s overly-broad claim constructions resulted in a decision that lacked the necessary factual support needed to find the claims unpatentable as being obvious under the narrower CAFC constructions. …

Method Claims For Treating Influenza Are Obvious Because The Prior Art Disclosed Both the Drug and the Administration Method

Authored by Rose Cordero Prey, Michael Block, Jean Dassie and Vaibhav Sharma IN RE: EFTHYMIOPOULOS: October 18, 2016. Before Prost (majority), Newman (dissent), and Bryson. The Takeaway: Patentee’s method claims for treating influenza with oral doses of zanamivir were obvious because the prior art disclosed both the use of zanamivir to …