February 23, 2017

Federal Circuit Court Decisions For Week Ending February 10, 2017

Shire Development, LLC v. Watson Pharmaceuticals, Inc., No. 2016-1785 (February 10, 2017) (nonprecedential) Patent No. 6,773,720

Key points:

  • There can be infringement of a “consisting of” Markush group by a product having an additional, unlisted component if the additional component is irrelevant to invention.
  • There is an exceptionally strong presumption that Markush groups are closed.

PPG Industries, Inc. v. Valspar Sourcing, Inc., Nos. 2016-1406, 2016-1409 (February 9, 2017) (nonprecedential) Patent Nos. 7,592,047 and 8,092,876

Key point(s):

  • A party has standing to appeal a Patent Trial and Appeal Board final decision based on a legitimate concern of being sued, even if the party has not been sued at the time of the notice of appeal.
  • A covenant not to sue moots an appeal with regard to the subject matter of the covenant.

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