Lack of Meaningful Competition Between the Parties Weighed Against Conclusion of Irreparable Harm, Leading to Denial of Permanent Injunction

Nichia Corp. v. Everlight Americas, INC., No. 2016-1585, 2016-1618 (Fed. Cir. April 28, 2017) (precedential).  On appeal from E.D. Tex.  Before Reyna, Hughes and Stoll. Takeaway: Lack of meaningful competition between the parties weighs against conclusion of irreparable harm. Procedural Posture: Nichia, the owner of U.S. Patent Nos. 8,530,250, 7,432,589, …

The Federal Circuit Finds Drug Does Not Satisfy Markush Group Requirements; Reverses District Court Finding of Infringement

SHIRE DEV., LLC v. WATSON PHARM., INC.: Feb. 10, 2017.  Before Prost, Taranto, and Hughes. Takeaways: An ANDA product that does not satisfy the Markush group requirements of the claim does not infringe. The phrases “consisting of” and “consists of” in a Markush claim will create a “very strong presumption” …

Inequitable Conduct is Not Warranted Without Evidence of the Materiality of the Withheld Document

U.S. WATER SERVICES v. NOVOZYMES: Dec 15, 2016. Before Wallach, Hughes, and Stoll.                                                             Takeaway: Summary judgment of inherent anticipation is …

“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 Remands to District Court for Subjective Willfulness Determination in View of Halo Decision

Authored by Rose Cordero Prey, Jonathan Thomas, and William Uhr WESTERNGECO L.L.C. V. ION GEOPHYSICAL CORPORATION, Nos. 2013-1527, 2014-1121, 2014-1526 (Fed. Cir. Sep. 21, 2016) (precedential).  On appeal from S.D. Tex. Before Dyk, Wallach, and Hughes. Procedural Posture: Defendant appealed a lost profits award and plaintiff cross-appealed challenging the district …