FedCircuitBlog

This morning, the Federal Circuit issued precedential opinions in two patent cases, the first addressing infringement, enablement, damages, and willfulness, and the second addressing sanctions. The court also issued a nonprecedential opinion in another patent case, this opinion addressing motions to exclude expert testimony. Here are the introductions to the opinions.

• Federal Circuit’s O’Malley: Supreme Court doesn’t have stomach for another 101 case – Federal Circuit Judge Kathleen O’Malley recently expressed concern over whether the Supreme Court will address patentable subject matter.
• An Argument for Mandatory Production of Limited Secondary Consideration Evidence by Petitioners in Inter Partes Reviews – Kristin Doyle advocates for the Patent Trial and Appeals Board to adopt the same approach to secondary consideration evidence as the Federal Circuit
• What We Learned About Biologics on Summer Vacation – Broad claim construction, licensing, and antitrust concerns have been among the trends for cases involving biologics at the Federal Circuit.

Here’s the latest.

• Inventorship as the Wind Blows – The Federal Circuit’s decision in Egenera, Inc. v. Cisco Systems, Inc. vacated the invalidation of a data center technology patent despite the patent not listing all inventors.
• Baxalta Wins New Try at Hemophilia Drug Patent Infringement Suit – Baxalta can revive its infringement claims following the Federal Circuit’s ruling that the lower court misconstrued two key terms within the patent.
• Federal Circuit Affirms Dismissal of Patent Infringement Complaint Under Res Judicata – The Federal Circuit held that res judicata did apply to a patent infringement case as a previous case with the same claims was dismissed for noninfringement, not on procedural grounds.

Here’s the latest.

This morning the Federal Circuit issued a precedential opinon in a contract case, two precedential opinions in patent cases, one precedential opinion in a veterans case, and two nonprecedential opinions in patent cases. Here are the introductions to the opinions.