Patent Infringement
Federal Circuit
Therasense, Inc. v. Becton, Dickinson and Company
2009-1008, -1009, -1010, -1034, -1035, -1036, -1037
USDC ND California
Had the district court properly denied plaintiff’s motions for judgment as a matter of law that sought a new trial and to set aside a jury verdict which had found infringement but deemed the subject patent invalid under 35 U.S.C. §§ 102, 103 and 112 ¶ 1?
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Patent Infringement
Federal Circuit
Therasense, Inc. v. Becton, Dickinson and Company
2008-1511, -1512, -1513, -1514, -1595
USDC ND California
Did the district court err at bench trial by holding certain patent claims invalid due to obviousness, other claims invalid on anticipation grounds or remaining claims not infringed else unenforceable on inequitable conduct grounds?
Design Patent Infringement
Federal Circuit
International Seaway Trading Corp. v. Walgreens Corp.
2009-1237
USDC SD Florida
For purposes of determining design patent invalidity on 35 U.S.C. § 102 anticipation grounds in view of patent references, should a district court apply the point of novelty test or should it only utilize the ordinary observer test and, further, did the court err by failing to compare all aspects of the footwear patents-in-suit, such as insoles, with the prior art? (J. Clevenger dissent)
Designs
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Patent Anticipation
Federal Circuit
Iovate Health Sciences, Inc. v. BSN, Inc.
2009-1018
USDC ED Texas
On motion for summary judgment, was the asserted U.S. Patent 6,100,287 which claims the use of nutritional supplements containing a ketoacid and an amino acid that is either cationic or dibasic to enhance human muscle performance or recovery from fatigue invalid as anticipated under 35 U.S.C. § 102(b) by print advertisements published before the critical date with a list of ingredients, directions for administering the supplements orally and marketing claims and testimonials from bodybuilders extolling product effects?
Patent Infringement
Federal Circuit
Orth-McNeil Pharmaceutical, Inc. v. Teva Pharmaceuticals Industries, Ltd.
2008-1549, -1550
USDC New Jersey
Did the district court err by granting defendant’s motion for summary judgment of invalidity on grounds of anticipation and obviousness where the subject reissue patent is directed to a combination tramadol and acetaminophen composition for use in prescription pain relief and a patent reference prior to the critical date had disclosed that tramadol may be combined with other analgesics to yield synergistic effects? (J. Mayer dissent)
Patent Infringement
Federal Circuit
Callaway Golf Co. v. Acushnet Co.
2009-1076
USDC Delaware
Were jury conclusions as to the obviousness of certain patent claims for golf ball technologies irreconcilably inconsistent and thus merit a new trial, and did genuine issues of material fact arise that negate the district court’s grant of motion for summary judgment there had been no anticipation of claims?