Analysis of patent litigation, PTAB practice, prosecution and pharma IP, written on the data behind LexDana.
Tagged prosecution history estoppel · clear
Written by : Daniel Kiang and Nefi R. Oliva COLIBRI HEART VALVE LLC v. MEDTRONIC COREVALVE, LLC Before Taranto , Hughes, and Stoll. Appeal from the United States District Court for the Central District of California. Summary: The Federal Circuit reversed a…
Amgen, Inc. v. Amneal Pharmas. LLC et al Before Newman, Lourie, and Taranto. Appeal from the U.S. District Court for the District of Delaware. Summary: An examiner amendment may give rise to prosecution history estoppel, even when the examiner suggests the…
PHARMA TECH SOLUTIONS, INC. v. LIFESCAN, INC. Before Moore, Reyna, and Stoll. Appeal from the United States District Court for the District of Nevada. Summary: Claims for infringement under the doctrine of equivalents will be barred by prosecution history…
ELI LILLY AND COMPANY v. HOSPIRA, INC. Before Lourie , Moore, and Taranto. Appeal from the District Court for the Southern District of Indiana. Summary : A narrowing claim amendment does not necessarily surrender all equivalents of the claim element if the…
AJINOMOTO CO., INC. v. ITC Before Dyk, Moore, and Taranto . Appeal from the ITC. Ajinomoto filed a complaint against CJ America, Inc. with the International Trade Commission (“ITC”), alleging that CJ used several strains of E-coli bacteria to…
Even Preliminary Proceeding Arguments Notice the Public It is well-established that statements made by a Patent Owner during an inter partes review (IPR) can constitute prosecution disclaimer— even in papers filed by a Patent Owner before the trial.…
Federal Circuit Summary Before Newman , Clevenger and Chen. Appeal from the United States District Court for the Central District of California. Summary: Prosecution history estoppel does not bar enforcement of a patent when the accused product falls…
