ArcelorMittal Fr. v. AK Steel Corp., No. 2016-1357 (May 16, 2017) (2-1, precedential) Patent No. RE44,153

Key point(s):

• A covenant not to sue defendant(s) under a patent, even when unconditional on its face, does not moot the controversy with the defendant(s) when delivery of the covenant is conditional.

Mylan Institutional LLC v. Aurobindo Pharma Ltd., No. 2017-1645 (May 19, 2017) (3-0, precedential) Patent Nos. 7,622,992, 8,969,616, and 9,353,050

Key point(s):

• For analysis of a claimed chemical material under the doctrine of equivalents, the “substantiality of the differences” test may be more appropriate even if evaluation of the “function” and “way” prongs of the “function-way-result” test is feasible.