Fresh From the Bench: Latest Federal Circuit Court Cases

CASE OF THE WEEK

Bio-Rad Laboratories, Inc. v. International Trade Commission, Appeal No. 2020-1785 (Fed. Cir. Apr. 29, 2021)

The Federal Circuit’s only precedential patent decision this week comes on appeal from the International Trade Commission, where an Administrative Law Judge found infringement of multiple patents and the Commission issued a limited exclusion order related to sample preparation. The Federal Circuit’s 35-page opinion largely deals with the issue of patent ownership after two inventors left their prior company and started a competing company, but also addresses issues of infringement, indefiniteness, and waiver.