Tag Archives: Federal Circuit

Same-Day Continuing Applications are Co-pending under s. 120

The outcome of this question of statutory construction was not really in doubt, given the fact that an adverse holding could invalidate thousands of patents which needed same-day copendency to avoid intervening prior art. Immersion Corp. v. HTC Corp., Appeal no. … Continue reading

Posted in Statutory Interpretation | Tagged , , , , , , , , | Leave a comment

“Unclean Hands” Doctrine Erases Merck’s Damage Award

In my last post on the district court’s ruling in Gilead v. Merck, I implied that Gilead had convinced the Judge that Merck had employed inequitable conduct (“IC”) in conducting its negotiations with Pharmasset, the company Gilead later purchased to … Continue reading

Posted in Doctrine of Equivalents | Tagged , , , , , , , | 1 Comment

Supreme Court Rewrites the Law of Enhanced Damages

This is a guest post by Janice M. Mueller of Chisum Patent Academy. Today the Supreme Court rewrote the law of enhanced damages for willful patent infringement by issuing a unanimous decision in No. 14-1513, Halo Elecs., Inc. v. Pulse … Continue reading

Posted in Damages, Inequitable Conduct/Rule 56, Infringement | Tagged , , , , , , , | Leave a comment

Merck’s Solvaldi® Patents Unenforceable for Egregious Misconduct

In Gilead Sciences, Inc. v. Merck & Co., Inc., Case No. 13-cv-04057-BLE (N.D. Cal., June 6, 2016), Judge Beth Freeman, sitting in equity, found that the record compelled a finding that Merck and its employee “D” had obtained asserted patents … Continue reading

Posted in Inequitable Conduct/Rule 56 | Tagged , , , , , , , , , | 2 Comments