January 24, 2017

Federal Circuit Court Decisions For Week Ending January 13, 2017

Phigenix, Inc., v. Immunogen, Inc., Case No. 2016-1544 (January 9, 2017) (Precedential) (3-0) Patent No. 8,337,856

Key points:

  • Conclusory statements of law in declarations or non-record documents are insufficient to demonstrate injury in fact by a petitioner challenging a PTAB decision.
  • The right to appeal does not necessarily establish that a party possesses Article III standing.

In re Chudik, Case No. 2016-1487 (January 9, 2017) (Nonprecedential) Patent Application Serial No. 11/701,902

Key point:

  • Absent justification, a blade of a scalpel, designed to prevent incisions that could damage structures near the skin, is not inherently capable of “creating a passageway…to a target site on a bone.”

Cloud Farm Associates LP, v. Volkswagen Group of America, Inc., Case No. 2016-1448 (January 9, 2017) (Nonprecedential) Patent Nos. 5,437,354; 5,529,153; 5,971,115; 5,979,616

Key point:

  • A table of angles and speeds, in a computer-implemented means-plus-function claim, is another way of describing an output of an algorithm. It does not provide a step-by-step procedure of how to arrive at the outputs disclosed in the table to satisfy disclosure of a corresponding structure.

Eli Lilly and Company, v. Teva Parenteral Medicines, Inc., Case No. 2015-2067 (January 12, 2017) (Precedential) (3-0) Patent No. 7,772,209

Key point:

  • Product literature, directed to physicians, including dosage ranges, schedules, and instructions and warnings regarding the importance of and reasons for folic acid treatment administered by patients establishes intent for inducing infringement.

Related Team:

Puja Detjen