Spectralytics, Inc. v. Cordis Corp., Nos. 2009-1564, 2010-1004 (Fed. Cir. June 13, 2011) (Judges Newman, Clevenger, and Bryson) Another week, another case involving stents. (Last week’s case was Boston Scientific Corp. v. Johnson & Johnson. You can read our summary of that opinion here.) This case is about Spectralytics’s patent for manufacturing coronary stents. According […]
Category: Federal Circuit Spotlight
Stent Wars, Episode II: Boston Scientific Strikes Back
Boston Scientific Corp. v. Johnson & Johnson, Nos. 2010-1230, -1231, -1233, -1234 (Fed. Cir. June 7, 2011) (Judges Bryson, Gajarsa, and Moore) The stent wars continue. . . . First J&J and Cordis filed four suits against Abbott in New Jersey, alleging that Abbott infringed four stent patents. This time, Boston Scientific filed four preemptive […]
Cashing Checks and Potty Training, Plus a Reminder of How to Prove Obviousness
Kimberly-Clark Worldwide, Inc. v. First Quality Baby Products, LLC, No. 2010-1382 (Fed. Cir. Jun. 1, 2011) (Judges Dyk, Friedman, and Prost) (nonprecedential) The Federal Circuit thought that these training pants patents have validity issues and vacated a preliminary injunction (for three of four patents) because of those issues. Kimberly-Clark accused First Quality of infringing patents […]
Inequitable Conduct Gets Newly Defined; Tessera Is Exhausted; but Allergan Is Still Standing
TheraSense, Inc. v. Becton, Dickinson and Co., Nos. 2008-1511, -1512, -1513, -1514, -1595 (Fed. Cir. May 25, 2011) (en banc) By Antigone Peyton TheraSense, which adjusts the legal standard for the equitable doctrine of inequitable conduct, is one of our ten “really important” opinions issued by the Federal Circuit in the last few years. The […]
An Infringement Accusation by Any Other Name Is Still an Infringement Accusation
Andersen Corp. v. Pella Corp., No. 2010-1481 (Fed. Cir. May 17, 2011) (non-precedential order) (Judge Gajarsa) This is an interesting little order. Andersen sued W.L. Gore and Pella for infringement of its patent related to a reduced visibility insect screen. The parties settled all issues except for an indemnification dispute between W.L. Gore and Pella. […]
Rambus’s E-Discovery Plan Smells Funny… It Must Be Spoliated
Micron Tech., Inc. v. Rambus Inc., No. 2009-1263 (Fed. Cir. May 13, 2011) (Judges Newman, Lourie, Bryson, Gajarsa, and Linn) The Federal Circuit has now joined a long list of courts (and judges) that are grappling with complex e-discovery issues and imposing sanctions for bad behavior by litigants. The court issued two opinions involving Rambus […]