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Read more: CeramTec GMBH v. CoorsTek Bioceramics LLC
The doctrine of unclean hands may be used as an affirmative defense in a trademark functionality proceeding. However, the TTAB may exercise its discretion to refuse this defense in view of the public policy interest of cancelling ineligible trademarks.
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Read more: Honeywell International Inc. v. 3G Licensing, S.A.
A proposed modification or combination of prior art references does not have to be the most desired or the most favorable to provide the proper motivation to modify or combine the references to show obviousness.
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Read more: Teva Branded Pharmaceutical Products R&D, Inc. v. Amneal Pharmaceuticals of New York, LLC
To list a patent in the Orange Book as covering a product that is the subject of an NDA, the patent must claim the active ingredient drug for which the NDA was submitted and approved.
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Read more: CloudofChange, LLC v. NCR Corporation
Proving vicarious liability of a system claim requires showing that a first party directed or controlled a second party’s use of the system as a whole, not just a portion of the system.
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Read more: Palo Alto Networks, Inc. v. Centripetal Networks, LLC
When a determination of whether there is a motivation to combine references to show obviousness is necessary, the analysis requires specificity and adequate explanation.
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Read more: DDR Holdings, LLC v. Priceline.com LLC
The omission of a word that was present in a provisional application may be used to inform claim construction of the claim terms of the nonprovisional patent, even if the provisional application was incorporated by reference in the nonprovisional patent.
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Read more: Galderma Laboratories, L.P. v. Lupin Inc.
Bioequivalence is not sufficient, on its own, to prove infringement by the doctrine of equivalents by the function-way-result test. Bioequivalence may satisfy the result prong, but an accuser still must prove the accused product performs the same function and works in a similar way as the claimed invention.
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Federal Circuit Precedential 