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No Bar for Barr; Bumpy Ride Ahead for Crafco.

Cancer Research Technology Ltd. v. Barr Laboratories, Inc., No. 2010-1204 (Fed. Cir. Feb. 28, 2011) (en banc Order) The ten active judges of the Federal Circuit considered Barr Laboratories’ petition for rehearing en banc to consider the effect of the panel opinion on the prosecution laches doctrine, but that petition…

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Timing Is Everything: Equivalence vs. Obviousness

Centocor Ortho Biotech, Inc. v. Abbot Laboratories, No. 2010-1144 (Fed. Cir. Feb. 23, 2011) (Judges Bryson, Clevenger, and Prost) Although it was the big cheese at the trial court, Centocor got caught in its own mousetrap at the Federal Circuit.  Abbott appealed the district court’s denial of JMOL after a…

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Dueling DJs – of the Legal (Not Dance Club) Variety

ABB Inc. v. Cooper Industries, LLC, No. 2010-1227 (Fed. Cir. Feb. 17, 2011) (Judges Rader, Lourie, and Dyk) This case of first impression presents dueling declaratory judgment actions where the potential claims and defenses involve patent infringement, but the actions themselves involve only state law questions concerning the construction and…

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When It Comes to Experts, Don’t Play with Fire

Tokai Corp. v. Easton Enterprises, Inc., No. 10-1057 (Fed. Cir. Jan. 31, 2011) (Judges Newman, Lourie, and Bryson) Here’s a case on the lighter side, literally. The Tokai companies sued Easton for infringing patents relating to safety utility lighters, like the kind you’d use to light a barbecue grill.  After…

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Fed Circuit Talks Computer Processors and Alcohol Testing

Alcohol Monitoring Systems, Inc. v. Actsoft, Inc., No. 2010-1250 (Fed. Cir. Jan. 24, 2011) (Judges Lourie, Clevenger, and Moore). The ways to measure how much you’ve been drinking might be a little blurry.  In this case, the Federal Circuit affirmed-in-part, reversed-in-part, and remanded the district court’s summary judgment grant of…

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