April 8, 2015

Federal Circuit Decisions For Week Ending March 27, 2015

Cadence Pharmaceuticals Inc., v. Exela Pharmsci Inc., No. 2014-1184, March 23, 2015 (precedential) (3-0); Patent Nos. 6,028,222 and 6,992,218

Key point(s):

  • The doctrine of claim vitiation is not an exception to application of the doctrine of equivalents, but is merely a finding under the doctrine of equivalents test.

Kennametal, Inc. v. Ingersoll Cutting Tool Co., No. 2014-1350, March 25, 2015 (precedential) (3-0); Patent No. 7,244,519

Key point(s):

  • Unexpected results may not negate the express teachings of the prior art.

Exela Pharma Sciences, LLC v. Michelle K. Lee., No. 2013-1206, March 26, 2015 (precedential) (3-0); Patent No. 6,992,218

Key point(s):

  • A third party cannot obtain judicial review of a revival decision by the USPTO.

In Re Blake Bookstaff, No. 2014-1463, March 26, 2015 (non-precedential); Application No. 12/392,192

Key point(s):

  • Anticipation requires every element of the claim to be present in a single prior art reference.

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