Federal Circuit Upholds Injunction and Comments Upon the Appropriate Test for Infringement Under the Doctrine of Equivalents in Chemical Cases

MYLAN INSTITUTIONAL LLC v. AUROBINDO PHARMA LTD:  May 19, 2017. Before Lourie, Moore and Reyna.   Takeaway: CAFC ruled the district court did not err in granting preliminary injunction because the district court correctly determined defendant was unlikely to prove invalidity of one patent-in-suit, even though the district court did err …

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 …

Federal Circuit affirms Summary Judgment of No Infringement of a Patent Directed to a Process for the Coproduction of Ethylene and Purified Benzene from Refinery Mixtures

Authored by Paul Qualey, Ksenia Takhistova, and Roman Khasidov David Netzer Consulting Eng’r LLC v. Shell Oil Co., No. 2015-2086 (Fed. Cir. May 27, 2016) (precedential).  On appeal from S.D. Tex.  Before Prost, Lourie and Taranto. Procedural Posture: Plaintiff, the owner of a patent on a process for the coproduction of …

Finding of Infringement under the Doctrine of Equivalents Affirmed

Authored by Mark A. Chapman, Qi Zhao, and Armin Ghiam Digest of Intendis GMBH v. Glenmark Pharms. Inc., No. 2015-1902 (Fed. Cir. May 16, 2016) (precedential). On appeal from D. Del.  Before Prost, Moore and Taranto. Procedural Posture:  Defendant Glenmark, ANDA applicant, appealed the district court’s finding that Glenmark’s generic …

An Unclaimed Embodiment Described in the Specification Doesn’t Infringe

Authored by Rose Cordero Prey and Olena Ierega Digest of CSP Techs., Inc. v. Sud-Chemie Ag, No. 2015-1124 (Fed. Cir. Mar. 22, 2016) (non-precedential). On appeal from D. Ind. Before Reyna, Mayer, and Chen. Procedural Posture: Plaintiff patentee appealed the district court’s claim construction and summary judgment of non-infringement. CAFC …