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 …

District Court Correctly Analyzed Likelihood of Success and Irreparable Harm Elements When Granting Preliminary Injunction

TINNUS ENTERPRISES, LLC V. TELLEBRANDS CORP.: Jan. 24, 2017.  Before Moore, Wallach, and Stoll. Takeaway: Instruction manuals that teach a claim element can be used as circumstantial evidence of a customer’s direct infringement. Claim terms are not indefinite when the claims themselves provide parameters for determining whether the disputed limitation …

Federal Circuit Affirms Induced Infringement and No Validity of the Asserted Patent, the Inducement Being Determined in Accordance with an Interim En Banc Decision by the Court

    ELI LILLY AND CO. v. TEVA PARENTERAL MEDICINES, INC., No. 2015-2067 (Fed. Cir. January 12, 2017) (precedential).  On appeal from S.D. Ind. Before Prost, Newman, and Dyk. Procedural Posture: Plaintiff Eli Lily filed a Hatch-Waxman lawsuit against a group of generic pharmaceutical companies, including Teva, to prevent Defendants from …

The Term “Visually Negligible” Found Not Indefinite Where the Written Description Provided a Skilled Artisan With an Understanding, with Reasonable Certainty, of What it Means

SONIX TECH. CO. v. PUBLICATIONS INT’L, LTD.: Jan. 5, 2017. Before Lourie, O’Malley, and Taranto. Takeaway: Claims involving terms of degree are not inherently indefinite, and have been found definite where they provide enough certainty to one of skill in the art when read in the context of the invention. …

“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 …