Johnny Lam, Associate

Publications & Media

Federal Circuit Court Decisions For Week Ending November 5, 2010

AstraZeneca LP et al. v. Apotex, Inc., et al., No. 2009-1381 (November 1, 2010) (precedential) U.S. Patent Nos. 6,598,603 and 6,899,099

Key Points:

  • The specific intent required to show induced infringement may be established by instructions on the label of a product, even if such instructions were required by a third party (here, the FDA) for obtaining product approval.

Finjan, Inc. v. Secure Computing Corp. , No. 2009-1576, -1594 (Nov. 4, 2010) (precedential) U.S. Patent Nos. 6,092,194, 6,804,780, 7,058,822, 6,357,010, and 7,185,361

Key point:

  • To infringe a claim that recites capability and not actual operation, an accused device need only be capable of operating in the recited mode. Computer programs are “capable of operating in the recited mode” if a user can activate the recited mode without having to modify the computer program itself.

In re Oracle Corporation , Miscellaneous Docket No. 951 (Nov. 1, 2010) (non-precedential)

Key point:

  • The proper analysis in deciding a motion to transfer pursuant to 28 U.S.C. § 1404(a) must not merely consider the parties’ private expression of venue choice, but must also include consideration of private and public interest factors.