Momenta Pharmaceuticals, Inc. v. Amphastar Pharmaceuticals, Inc., Nos. 2012-1062, 1103, 1104 (Aug. 3, 2011) (Chief Judge Rader, Circuit Judges Dyk and Moore) Litigation surrounding enoxaparin—a pharmaceutical drug used to prevent blood clots—has been raging for nearly a decade. In fact, this Federal Circuit opinion issued one day before the 9th anniversary of the date when [...]
In the fashion world, the word “trademark” tends to get tossed around casually. Style writers highlight a designer’s “trademark” use of patterns or “trademark” silhouette. But can these signature features actually be trademarks? In the case of a color trademark for soles of high heels, the question was hotly debated—so hot, it had the Second [...]
In re Baxter International, No. 2011–1073 (Fed. Cir. May 17, 2012) (Judges Newman, Lourie, and Moore) Patent Reexamination Is Normally Such a Peaceful Neighborhood… At first glance, this opinion doesn’t seem like a big deal. Fresenius Medical Care Holdings sued Baxter for a declaratory judgment of invalidity on Baxter’s patent in 2003 and, as often [...]
Rosetta Stone Ltd. v. Google, Inc., No. 10-2007 (4th Cir. 2012) (Chief Judge Traxler, Judges Keenan and Hamilton) If you found this blog post, then you’re probably acquainted with Google™’s search engine. You might also know that Google lets advertisers bid on keywords, which trigger the ads that come up at the top and to [...]
It’s been a little while since we had a Federal Circuit trademark opinion, but this is a good one. The case deals with one of my favorite topics in trademark law—trademark “use” and technology. Lens.com, Inc. v. 1-800 Contacts, Inc., No. 2011-1258 (Fed. Cir. Aug. 3, 2012) (Judges Newman, Linn, and Moore) Getting a Clear [...]
Just like Olympians, patent challengers have to clear hurdles and jump over high bars to show that a patent is invalid. As this case shows, when it comes to legal standards in patent cases, the facts may change, but the standard of proof stays the same. Sciele Pharma, Inc. v. Lupin Ltd., No. 2012-1228 (Fed. [...]
General Electric v. Int’l Trade Comm’n, No. 2012-1223 (Fed. Cir. Jul. 6, 2012) (Judges Rader, Newman and Linn) (revised opinion) General Electric v. Int’l Trade Comm’n, No. 2012-1223 (Fed. Cir. Jul. 6, 2012) (Judges Rader, Newman and Linn) (order on petition for rehearing) A few months ago, Matt Levy blogged about this case and explained [...]
This is a case about chewing gum. Unfortunately, the district court’s approach to analyzing Wrigley’s patent for obviousness and anticipation led to a sticky situation among the judges hearing this appeal. Wm. Wrigley Jr. Co. v. Cadbury Adams USA LLC, Nos. 2011-1140, -1150 (Fed. Cir. Jun. 22, 2012) (Judges Newman, Bryson, and District Judge Jeremy [...]
This inventor’s patent application for a computing device for arithmetic processes didn’t add up to a patentable invention. In re Mouttet, No. 2011-1451 (Fed. Cir. Jun. 26, 2012) (Judges Prost, O’Malley, and Reyna) Mouttet’s processor is built from two sets of intersecting conductive parallel wires. The two sets intersect at right angles, like a Tic-Tac-Toe [...]
Ergo Licensing, LLC v. Carefusion 303, Inc., No. 2011–1229 (Fed. Cir. Mar. 26, 2012) (Judges Newman, Linn, and Moore) Means-plus-function claims can be tricky. A means-plus-function limitation lets a patentee claim a structure by describing its function, like a “means for attaching a door to a wall” or a “means for containing liquid,” instead of [...]
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