This morning the Federal Circuit issued two precedential opinions in patent cases and one nonprecedential erratum. Here are the introductions to the opinions and the text of the erratum.
Biogen International GmbH v. Banner Life Sciences LLC (Precedential)
Biogen International GmbH (“Biogen”) appeals from a judgment of the United States District Court for the District of Delaware that Banner Life Sciences LLC (“Banner”) does not infringe the extended portion of U.S. Patent 7,619,001 (the “’001 patent”), extended under the patent term restoration provisions of the Hatch-Waxman Act, Pub. L. No. 98-417, § 201, 98 Stat. 1585, 1598 (as codified at 35 U.S.C. § 156 (2018)). Biogen Int’l GmbH v. Banner Life Scis. LLC, No. 18-2054-LPS, 2020 WL 109499 (D. Del. Jan. 7, 2020) (“Decision”).
Because the scope of a patent term extension under 35 U.S.C. § 156 only includes the active ingredient of an approved product, or an ester or salt of that active ingredient, and the product at issue does not fall within one of those categories, we affirm the judgment of the district court.
Dragon Intellectual Property v. DISH Network LLC (Precedential)
DISH Network LLC and Sirius XM Radio Inc. (SXM) (collectively, Appellants) appeal the United States District Court for the District of Delaware’s order denying Appellants’ motions for attorneys’ fees under 35 U.S.C. § 285. Because the district court erred in holding that Appellants are not prevailing parties under § 285, we vacate and remand.
Hafco Foundry and Machine Co. v. GMS Mine Repair (Nonprecedential)
Please make the following changes:
On page 10, lines 19–36: change block quote paragraph (starting with the words “GMS also states that the jury . . . ”) to an opinion body paragraph.
On page 11, line 2: change “oberver” to “observer”