September 3, 2013

Federal Circuit Decisions for Week Ending August 23, 2013

Skinmedica, Inc, v. Histogen, Inc., No. 2012-1560 (August 23, 2013)(precedential) (2-1) Patent Nos. 6,372,494 and 7,118,746

Key Point:

  • Repeated and definitive statements in the specification regarding a term may rise to an implicit disclaimer of plain and ordinary meaning of that term.

Apple, Inc. v. Samsung Electronics Co., Ltd., No. 2012-1600, -1606, 2013-1146 (August 23, 2013) (precedential) (3-0)

Key Point:

  • The public’s interest in judicial proceedings does not extend to the parties’ confidential information wherein the confidential information is not central to a decision on the merits.

University of Utah v. Max-Planck-Gesellschaft Zur Forderung Der Wissenschaften E.V., No. 2012-1540, -1541, -1661 (August 19, 2013)(precedential)(2-1) Patent Nos. 7,056,704 and 7,078,196

Key Points:

  • A lawsuit to correct inventorship is not a core sovereign interest that makes the state a real party in interest. 
  • A state is not an indispensible party in a lawsuit to correct inventorship because its interests are adequately represented by other assignees in the lawsuit.

Related Team:

Jason C. Huang