Carleton Clauss, Partner

Publications & Media

Federal Circuit Decisions for Week Ending March 21, 2014

Alcon Research Ltd., Barr Laboratories, Inc., Nos. 2012-1340, -1341 (March 18, 2014) (precedential) (3-0) Patent Nos. 5,631,287, 6,011,062, 5,510,383, and 5,889,052

Key points:

  • An infringement analysis based on an ANDA filing requires comparison of the asserted patent claims against the product that is likely to be sold following ANDA approval.
  • The written description requirement is about whether the skilled reader of the patent disclosure can recognize that what was claimed corresponds to what was described, while enablement is about whether the patentee has proven to the skilled reader that the invention works, or how to make it work.

Brain Life, LLC v. Eleckta Inc., No. 2013-1239 (March 24, 2014) (Precedential) (3-0) Patent No. 5,398,684

Key point:

  • The Kessler Doctrine precludes asserting any claim against products deemed noninfringing in a previous suit even if claim and issue preclusion do not.