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Contrary to respondents’ assertion that only a freestanding patent-invalidity claim is at issue, the record establishes that petitioner has raised and preserved the contract claim that, because of patent invalidity, unenforceability, and noninfringement, no royalties are owing. 427 F.3d 958, reversed and remanded. Court membership; Chief Justice
Patent claims are invalid as indefinite under 35 U.S.C. § 112 ¶ 2 when, in light of the specification and the prosecution history, they fail to inform, with reasonable certainty, those skilled in the art about the scope of the invention. Court membership; Chief Justice John Roberts Associate Justices Antonin Scalia · Anthony Kennedy
Patent-eligibility: patent-eligibility (Invalidating method claims for "abstract idea", where steps of method not tied to particular machine). Undue patent claim breadth: Patent holder can only hold a patent on the steps taken, not on every means to the result. Corning v. Burden: 56 U.S. 252: 1853: Winans v. Denmead: 56 U.S. 330: 1853
Although a licensee had maintained payments of royalties, a claim of invalidity of the licensed patent still presented a justiciable case or controversy. Sinclair & Carrol Co. v. Interchemical Corporation - Supreme Court, 1945. Selection of a chemical from a catalog based on predetermined qualifications is obvious.
Biopharmaceutical company AstraZeneca announced today that the New Jersey District Court has invalidated its patent protecting Pulmicort Repulses. The court also ruled that generic defendants on a ...
Versata Development Group, Inc. v. SAP America, Inc., 793 F.3d 1306 (Fed. Cir. 2015), [1] is a July 2015 decision of the Federal Circuit affirming the final order of the Patent Trial and Appeal Board (PTAB), the recently created adjudicatory arm of the United States Patent and Trademark Office (USPTO), invalidating as patent ineligible the claims in issue of Versata's U.S. Patent No. 6,553,350 ...
The case originated in the Southern District of New York, where Sandoz sued to invalidate Teva's patent on a drug for the treatment of multiple sclerosis.In the Markman hearing, Sandoz argued that a claim was fatally indefinite for failing to identify which of three possible meanings a particular claim term, related to the molecular weight of a component of the drug, should be interpreted to have.
Federal Circuit agreed with the district court that U.S. Patent No. 6,631,400 was invalid due to the obvious nature of the claims, holding that an KSR-style obviousness analysis may include recourse to logic, judgment, and common sense available to an ordinary person when its reasoning is sufficiently articulated. Court membership; Judges sitting
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