- The Federal Circuit Says Theaters Can’t Move IP Fight Out Of Texas – Judge Rodney Gilstrap may proceed with Cinemark’s suit against Intertrust Technologies Corp.
- Doctrine of Equivalents in Lilly v. Apotex – The Federal Circuit affirmed the lower court’s finding of summary judgment of Apotex’s infringement under the doctrine of equivalents.
- USPTO Finalizes Rules On Patent Amendments, Fee Discounts – The USPTO announced two new rules on amending patents and discounts for patent application fees.
Here’s the latest.
Fed. Circ. Says Theaters Can’t Move IP Fight Out Of Texas
Reported by Andrew Karpan at Law360
In a decision published Thursday, the Federal Circuit denied a petition for a writ of mandamus against the Eastern District of Texas to transfer a case to the Northern District of California.
Doctrine of Equivalents in Lilly v. Apotex
Reported by Dennis Crouch at Patently-O
The Federal Circuit affirmed the lower court’s finding of summary judgment of Apotex’s infringement under the doctrine of equivalents. The Federal Circuit agreed with the district court that “ALIMTA” and “premetrexed” recited in the original and amended claim were synonymous.
Apotex had argued that ALIMTA should have been seen as encompassing all forms of pemetrexed, and thus its deletion would serve as an additional narrowing amendment. The courts, however, rejected that argument based upon intrinsic evidence within the patent documents.
USPTO Finalizes Rules On Patent Amendments, Fee Discounts
Reported by Dani Kass at Law360
The USPTO announced two new rules on amending patents and discounts for patent application fees. “The rule change is designed to support independent inventors, small business concerns, and nonprofit organizations in filing patent applications and to encourage collaboration with the federal government by expanding the opportunities to qualify for the small entity patent fees discount for inventions made during the course of federally funded or federally supported research,” the USPTO said.