Tag Archives: Federal Circuit

Teva v. Sandoz: “Just the facts, Ma’am”

Effectively reversing Cybor Corp., which flatly stated that a lower court’s claim construction is a question of law which is to be reviewed de novo by the Fed. Cir., yesterday the Supreme Court held 7-2 that questions of fact resolved … Continue reading

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Promega v. Life Technologies – “Too Much Of Nothing?”

Although much more attention has been focused on the portion of this recent Fed. Cir. decision that held a defendant could “induce itself” into infringement under s. 271(1)(f), by sending one part of a kit to be assembled abroad, the … Continue reading

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Mayo Meet Alice Meet Myriad – Fed. Cir. Appreciates “Abstract Art”

On December 20th, a panel of the Fed. Cir. of Judges Dyk, Clevinger and Prost – Dyk writing – found that six claims in Myriad’s dwindling arsenal of BRACA1 and 2 patents were invalid as claiming non-statutory subject matter. (University … Continue reading

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Supreme Court to Review Post-Expiration Date Royalties in Kimble v. Marvell

Despite a negative brief from the Solicitor General’s Office, on Friday the Supreme Court granted cert. in Kimbell v. Marvell, 727 F.3d 856 (9th Cir. 2013) (a copy can be found at the end of this post). The single question … Continue reading

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