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 Affirms a District Court’s Claim Construction, Dispositive of the Determination of Non-Infringement

CLOUD FARM ASSOCIATES LP v. VOLKSWAGEN GROUP OF AMERICA, INC., No. 2016-1448 (Fed. Cir. January 9, 2017) (non-precedential).  On appeal from D. Del.  Before Prost, Clevenger, and Reyna. Procedural Posture: Plaintiff Cloud Farm filed a suit against Defendants alleging infringement of several patents directed to vehicular tilt control apparatuses. The …

Induced Infringement Requires the Inducer to Successfully Communicate With and Induce a Third-Party Direct Infringer

POWER INTEGRATIONS v. FAIRCHILD SEMICONDUCTOR: Dec. 12, 2016. Before Prose, Schall, Chen.                                                              Takeaway: A party cannot be liable for induced infringement where it does not successfully communicate with and induce a third-party direct infringer. Where a finding of infringement by equivalence would entirely vitiate a particular claimed element, such …

“Processing System” Term in Voice-over-IP Patents Does Not Render Method Claims Indefinite

Authored by Rose Cordero Prey, Jonathan Thomas, and William Uhr COX COMMC’NS, INC. V. SPRINT COMMC’N CO., No. 2016-1013 (Fed. Cir. Sep. 23, 2016) (precedential).  On appeal from D. Del. Before Prost, Newman, and Bryson. Procedural Posture: Plaintiff Sprint appealed from a district court’s order granting partial summary judgment of …

“Electrode” Construed to Be Limited by Dimensions Recited in Specification

Authored by Rose Cordero Prey, Jonathan Thomas, and William Uhr ROCHE DIAGNOSTICS OPERATIONS, INC. V. LIFESCAN INC., No. 2015-1356 (Fed. Cir. Sep. 22, 2016) (nonprecedential).  On appeal from D. Del. Before Prost, Mayer, and Reyna. Procedural Posture: Plaintiff Roche appealed the district court’s order granting summary judgment of non-infringement. In …