0 results for 'Finnegan, Henderson, Farabow, Garrett & Dunner'
Merely combining natural gene sequences was insufficient to create a patentable invention.
Court declined to strike patent invalidity defense raised by licensee where it could continue to accrue royalty obligations under the terms of the license agreement despite the patents having expired and other parties who may have licensed or infringed upon the patent would also benefit from a finding of invalidity.
Claim that patent terms were indefinite due to being susceptible to multiple meanings for a POSA rejected where the scientific evidence demonstrated that a POSA would only understand the term as having one meaning, and where defendant attempted to incorporate limiting language not supported by the intrinsic record.
Court found for defendants in part in a case claiming patent infringement under 35 U.S.C. §271e(2)(A) for a new patent application for medication to treat partial-onset epileptic seizures.
Because there was an issue of fact in this patent infringement suit as to whether defendant's design and plaintiff's product's design were substantially similar, defendant's motion for summary judgment failed.
Court applied ruling from sister district under doctrine of collateral estoppel where concurrent case in which plaintiff participated also litigated issue of patent invalidity for lack of written description.
Appellate Division,First Department:June 25, 2019
In this patent claim construction matter, the court provided clarification to give meaning to all the claim terms.
Cite as 14 C.D.O.S. 6656 EPIC COMMUNICATIONS, INC., et al., Plaintiffs and Appellants, v
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