January 29, 2014

Federal Circuit Decisions for Week Ending January 24, 2014

Medtronic, Inc. v. Mirowski Family Ventures, LLC, No. 12-1128 (United States Supreme Court, January 22, 2014) (9-0)

Key point:

  • The burden of proving infringement remains on the patentee even when a licensee files a declaratory judgment action against the patentee for non-infringement.

Medtronic CoreValve, LLC et al. v. Edwards Lifesciences Corporation, et al., 2013-1117, (January 22, 2014) (precedential) (3-0) U.S. Patent No. 7,892,281

Key point:

  • A patent is entitled to a chain of priority only if all of the requirements of 35 USC §119 and §120 are satisfied.

SmartGene, Inc. v. Advanced Biological Laboratories, SA, et al., 2013-1186, (January 24, 2014) (nonprecedential) U.S. Patent Nos. 6,081,786 and 6,188,988

Key point:

  • Section 101 does not embrace a process defined simply as using a computer to perform a series of mental steps that people, aware of each step, can and regularly do perform in their heads.

Related Team:

B. Todd Patterson

Practice Head, Managing Partner