Publications & Media

Federal Circuit Court Decisions For Week Ending April 27, 2018

Gilead Sciences Inc. v. Merck, Nos. 2016-2302, 2016-2615 (April 25, 2018) (Precedential) (3-0) Patent Nos. 7,105,499 and 8,481,712

Key point(s):

  • Misconduct during prosecution/litigation of a patent can support a finding of unclean hands, which may lead to a loss of patent rights.

Communique Laboratory v. Citrix Systems, No. 2017-1869 (April 26, 2018) (Precedential) (3-0) Patent No. 6,928,479

Key point(s):

  • An accused infringer cannot defeat a claim of literal infringement or establish invalidity merely by pointing to similarities between an accused product and the prior art, but this does not preclude a litigant from arguing that if a claim term must be broadly interpreted to read on an accused device, then this same broad construction will read on the prior art.