Publications & Media

Federal Circuit Court Decisions For Week Ending May 10, 2019

Amgen Inc, v. Sandoz Inc., , Nos. 2018-1551, 2018-1552 (May 8, 2019) (precedential) (3-0); Patent Nos. 6,162,427 and 8,940,878

Key point(s):

  • Elements in a process claim are properly construed as a sequence of separate steps when the claim language “as a matter of logic or grammar,” requires discrete steps be performed in order, and/or when the specification “directly or implicitly requires” ordered steps.

International Trade Commission v. Segway, Inc., No. 2018-1672 (May 9, 2019) (precedential) (3-0); Trademark Nos. 2,727,948 and 2,769,942

Key point(s):

  • In determining likelihood of confusion (“LOC”), evidence of no actual confusion weighs against a finding of LOC, but is not dispositive.
  • ITC decisions on trademark issues, like those on patent issues, do not have preclusive effect in district court.