Jun 1, 2021Legal
Fresh From the Bench: Latest Federal Circuit Court Cases


Bio-Rad Laboratories, Inc. v. International Trade Commission, Appeal Nos. 2020-1475, -1605 (Fed. Cir. May 28, 2021)

In this week’s Case of the Week, the Federal Circuit considered an appeal from the International Trade Commission affirming an Administrative Law Judge’s finding that 10X’s products violated the Tariff Act by infringing multiple patents and that they did not infringe another. The Federal Circuit affirmed, addressing issues of claim construction, direct infringement, and indirect infringement.

The three patents at issue (’664 patent, ’682 patent, and ’635 patent) “relate generally to the field of microfluidics, and specifically to the generation of microscopic droplets.”

Read More.

By Annie White


Becton, Dickinson and Company v. Baxter Corporation Englewood, Appeal No. 2020-1937 (Fed. Cir. May 28, 2021)

In an appeal from the Patent Trial and Appeal Board (PTAB), the Court addressed whether the PTAB’s determination that certain claims of Baxter’s patent regarding a system for preparing doses and a method for telepharmacy were not invalid as obvious. The Court reversed, holding that the PTAB’s decision was not supported by substantial evidence. In particular, the Court found that prior art taught both the verification limitation and highlighting function of Baxter’s patent.

A copy of the opinion can be found here.

By Mario Delegato

Edgewell Personal Care Brands, LLC v. Munchkin, Inc., Appeal No. 2020-1203 (Fed. Cir. May 26, 2021)

This week the Federal Circuit reissued its March 9, 2021 opinion in Edgewell Personal Care Brands, LLC v. Munchkin, Inc. following a petition for rehearing filed by appellee Munchkin. Our original write-up of that opinion can be found here. In the reissued opinion, the Court addressed minor typographical issues and added a sentence clarifying that certain expert testimony concerning the doctrine of equivalents was sufficient to create a question of fact precluding summary judgment on that issue.

A copy of the reissued opinion can be found here.

By Jason Wrubleski

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

Contributors: Jason Wrubleski, Annie White and Mario Delegato

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