April 4, 2016

Federal Circuit Court Decisions For Week Ending March 18, 2016

Halo Creative & Design Limited v. Comptoir Des Indes Inc. No. 2015-1375, (March 14, 2016) (Precedential) (3-0)

Key point(s):

  • A forum non conveniens movant must demonstrate the adequacy of an alternative forum. This showing is particularly important when the dispute implicates the enforcement of intellectual property rights. 

Dell Inc. v. Acceleron, LLC, Nos. 2015-1513 and -1514 (March 15, 2016) (Precedential) (3-0)

Key point(s):

  • During claim construction, all words in a claim must have meaning.
  • In inter partes review, the PTAB may not rely on arguments first presented during oral argument to make a determination on the validity of challenged claims.

Warner Chilcott Company, LLC v. Teva Pharmaceuticals USA, Inc., No. 2015-1588, (March 18, 2016) (Nonprecedential)

Key point(s):

  • Since obviousness does not require absolute certainty or a guarantee of success, objective evidence and simple statistical arguments, like pharmaceutically effective dosing regimens, can be used to support obviousness.

Acorda Therapeutics Inc. v. Mylan Pharmaceuticals Inc., No. 2015-1456; AstraZeneca AB v. Mylan Pharmaceuticals Inc., No. 2015-1460 (March 18, 2016) (Precedential) (3-0)

Key point(s):

  • Concrete plans to engage in infringing activity in a state establishes minimum contacts for a court to exercise personal jurisdiction over a party.

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