Opinions

This morning the Federal Circuit released one precedential opinion and two nonprecedential orders. The precedential opinion dismisses for lack of jurisdiction an appeal of a district court’s denial of a motion to dismiss in a patent case. The nonprecedential orders grant summary affirmances under Rule 36. Here are the introductions to the opinions and links to the summary affirmances.

Copan Italia SPA v. Puritan Medical Products Co.(Precedential)

Copan Italia S.p.A. and Copan Diagnostics Inc. (collectively, “Copan”) brought a patent infringement case against Puritan Medical Products Company LLC and its affiliated companies (collectively, “Puritan”) in the United States District Court for the District of Maine. Puritan filed a partial motion to dismiss, alleging that it was immune from liability and suit for a portion of its accused product under a provision of the Pandemic Readiness and Emergency Preparedness Act (“PREP Act”). On June 1, 2022, the district court denied the motion, and Puritan now appeals. We find we lack jurisdiction and, accordingly, dismiss the appeal.

Rule 36 Judgments