The court therefore found clear and convincing evidence that a person of ordinary skill at the time of the invention (in 2005) would have been motivated to use EDTA in the claimed amounts with a reasonable expectation of success.
Billups-Rothenberg – Another Biotech Patent Invalid for Lack of Written Description
In Billups-Rothenberg, Inc. v. Assoc’d Regional Univ. Pathologists, Inc., No. 2010-1401 (Fed. Cir. 4/29/2011), U.S. Patent Nos. 5,674,681 (the ’681 patent) and 6,355,425 (the ’425 patent) describe genetic tests for Type I hereditary hemochromatosis, an iron disorder characterized by excessive iron absorption by the body. The defective gene in hemochromatosis is the High Fe (“HFE”) gene. The […]
Defective Chain of Priority Results in Holding of Anticipation
Encyclopaedia Britannica v. Alpine Electronics of America, No. 2009-1544 (Fed. Cir. 6/18/2010). Encylopedia Britannica (EB) owns the ‘018 and ‘437 patents, pertaining to multimedia database search system for retrieving textual and graphical information. EB sued defendants Alpine Electronics and several others alleging infringement of these two patents. The defendants argued that the patents were invalid […]
Vizio, Inc. v. ITC
No. 2009-1386 (Fed. Cir. 5/26/2010). Funai owns the ‘974 patent that improves “channel latency,” a delay in digital TV decoders while data is received. Funai brought an action at the ITC alleging that defendants imported infringing TV’s. The ITC concluded that certain claims of the ‘974 patent were valid and enforceable, and infringed by defendants. […]
Orion IP, LLC. v. Hyundai Motor Co.
U.S. Patent No. 5,367,627 is drawn to a computerized method for selecting parts, for example in an auto shop for selecting parts for repairs. Orion IP, LLC v. Hyundai Motor Co., No. 2009-1130 (Fed. Cir. 5/17/2010). The patentee alleged that Hyundai and other plaintiffs infringed the claimed method in their online sales systems. A jury […]
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