scott eads
Feb 5, 2019
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Fresh From the Bench: Latest Federal Circuit Court Cases

CASE OF THE WEEK

Duncan Parking Techs., Inc. v. IPS Group, Inc. and IPS Group, Inc. v. Duncan Solutions, Inc. et al., Appeal Nos. 2018-1205, -1360 (Fed. Cir. January 31, 2019)

The Court this week provided a lengthy discussion and analysis concerning who qualifies as “another” inventor of an invention under pre-AIA Section 102(e).  The Court also provided further guidance on the doctrine of “vitiation” as an exception to the doctrine of equivalents.

Read More.

ALSO THIS WEEK

Mylan Pharmaceuticals Inc. v. Research Corporation Technologies, Inc., Appeal Nos. 2017-2088, -2089, -2091 (Fed. Cir. Feb. 1, 2019)

In an appeal of a final written decision in an inter partes review, the Federal Circuit affirmed the USPTO’s decision that a patent relating to the anti-epileptic drug Vimpat was not unpatentable. In particular, the Court agreed with the Board’s conclusion that the Petitioner had failed to show that the relevant claims would have been obvious at the time of the invention.

The opinion can be found here.

Written by: Scott D. Eads and Nika Aldrich, Schwabe Williamson & Wyatt

Contributors: Cristin Wagner and Jason Wrubleski