Publications & Media

Federal Circuit Court Decisions For Week Ending December 15, 2017

Forest Laboratories Inc. v. Teva Pharmaceuticals USA Inc., No. 2016-2550 (Dec. 11, 2017) (non-precedential) U.S. Patent Nos. 8,168,209; 8,173,708; 8,283,379; 8,329,752; 8,362,085; and 8,598,233

Key points:

  • Claims are indefinite where the claims require measured quantities, different techniques for such measurements are known in the art, the intrinsic evidence does not adequately specify the technique or techniques to use, and the extrinsic evidence does not show that a relevant skilled artisan would know what technique or techniques to use.
  • A party waives its right to argue a particular claim construction when the construction is not only different from any construction it raised in the district court, but is one that the party affirmatively and unequivocally urged the district court to reject.

Amgen Inc. v. Sandoz, No. 2015-1499 (Dec. 14, 2017) (precedential) (3-0) U.S. Patent No. 6,162,427

Key point:

  • The Biologics Price Competition and Innovation Act (BPCIA) preempts state laws that create liability for failure to comply with the Act’s requirement for providing information and data.

Hill-Rom Services, Inc. v. Matal, No. 2016-2199 (Dec. 15, 2017) (non-precedential) U.S. Patent No. 7,669,263

Key point(s):

  • “Periodically” does not include intermittently when the description suggests that the actions must be repeatedly transmitted at specified time intervals and without prompting.
  • The Board must adequately support its decision to affirm or reverse the Examiner with reasoning in sufficient detail to permit meaningful appellate review.

In Re: Erik Brunetti, No. 2015-1109 (Dec. 15, 2017) (precedential) (3-0) U.S. Trademark App. No. 85/310,960

Key point(s):

  • The Lanham Act’s ban on immoral and scandalous trademarks is an unconstitutional restriction of free speech.