May 17, 2024

Federal Circuit Summary for Week Ending May 17, 2024

Copan Italia Spa v Puritan Medical Products Company (May 14th, 2024) (precedential) (3-0); Patent No. 8, 114, 027, 8,317,728, 8,979,784, 9,011,358, and 9,173,779

Key point(s):

  • Appellate jurisdiction under the collateral order doctrine requires that the district court: (1) conclusively determine the disputed question, (2) resolve an important issue completely separate from the merits of the action, and (3) be effectively unreviewable on appeal from a final judgment.
  • The PREP Act immunity extends to (i) covered persons, (ii) for losses somehow connected to a covered countermeasure, when (iii) a public health emergency has been declared with respect to the countermeasure, and (iv) the covered countermeasure is distributed under certain means specific in the declaration.

Related Team:

Thomas D. Kiselak