Fresh From the Bench: Latest Precedential Patent Cases
Contributed by Schwabe Williamson & Wyatt. Originally published on Patexia; republished here as part of the LexDana archive.
CASE OF THE WEEK
Inguran, LLC v. ABS Global, Inc., Appeal No. 2022-1385 (Fed. Cir. July 5, 2023)
In its only precedential patent opinion this week, the Federal Circuit held that a lawsuit was not precluded by res judicata based on an earlier judgment. The case turned on whether a judgment for an ongoing royalty of direct infringement claims was res judicata as to a later infringement case alleging induced infringement by the same party of the same claims. The Court held that it was not.
The case involved a long-running dispute relating to bull semen. Specifically, the patents in suit concern technology for creating small tubes or “straws” of bull semen that are predominantly either male or female sperm cells. Having a greater likelihood of genetically male or female sperm is beneficial to livestock breeders, dairy farmers, and beef farmers, who rely on artificial insemination of their herds to increase fertility rates.
Editors:
Nika Aldrich, Shareholder, Schwabe, Williamson & Wyatt, P.C.
Jason Wrubleski, Shareholder
More insights
Federal Circuit Affirms Invalidation of Patent for Lack of Enablement of Claims Directed to a Method of Treating a Patient with a Unit Dosage in Wyeth Llc v Astrazeneca Pharmaceuticals Lp
Written by : Eric Furman, Ph.D. and Ashley C. Morales Key Takeaway: Federal Circuit invalidates patent claims directed to a method for treating non-small cell lung cancer through administration of “a unit dosage” of an irreversible epidermal…
When About Becomes Indefinite Federal Circuit Provides Guidance for Life Science Patent Applications Regarding Limits of Approximation in Enviro Tech v Safe Foods
Written by : Jason J. Jardine and Kenneth O. Aruda, Ph.D. Key Takeaway: The term “about” remains useful in biotech and pharmaceutical claims, but only if the patent provides objective guidance about what the term means. Absent that guidance,…
When Any Patent Means No Patent Federal Circuit Reverses Non Specific Verdict
Written by : Brian C. Barnes and Sophia F. Zahn OLLNOVA TECHNOLOGIES LTD. v. ECOBEE TECHNOLOGIES ULC [OPINION] Before Chen , Cunningham, and Stark. Appeal from the United States District Court for the Eastern District of Texas. Summary : A verdict form…