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On February 10, 2021, the Federal Circuit held that the term “computer” was indefinite because the prosecution history included arguments distinguishing prior art references that relied on conflicting understandings of the term.
Infinity Computer Prods., Inc. v. Oki Data Am., Inc., No. 2020-1189 (Fed. Cir. Feb. 10, 2021).
Infinity Computer Products, Inc. (“Infinity”) sued Oki Data Americas, Inc. (“Oki”) for infringement of U.S. Patent 6,894,811 (the “’811 patent”) and three other patents that share a common specification with the ’811 patent (collectively, the “asserted patents”). The asserted patents covered systems and methods for using a fax machine as a printer and scanner for a computer. The asserted claims recited that a “passive link” was used to connect the computer to the fax machine.
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On October 2, 2020, the Federal Circuit issued a precedential opinion vacating a district court’s judgment as a matter of law and reinstating a jury verdict finding of induced infringement of a patented use that had been carved out of a generic applicant’s label.
GlaxoSmithKline LLC v. Teva Pharms. USA, Inc., 976 F.3d 1347 (Fed. Cir. 2020). We previously analyzed this opinion and its impact in
At issue in the case is whether Teva’s marketing of carvedilol first with a skinny label, and later an amended label including the carved out indication as required by FDA, induced infringement of GSK’s reissue patent, RE40,000 (“the ’000 patent”).
The Federal Circuit’s October 2020 split decision in
GSK v. Teva[i] made waves throughout the pharmaceutical industry and among Hatch-Waxman litigators. In the broadest reading, some see the majority opinion as rendering any manufacturer of a marketed “AB‑rated” generic drug liable for induced infringement of patents covering any of the brand products’ FDA‑approved indications – even where the generic’s labeling “carved out” such an indication to escape infringement under the “section viii” provision of Hatch-Waxman.[ii]
GSK v. Teva is now headed to a Federal Circuit panel rehearing (not
en banc review) on February 23, and the industry and practitioners are watching closely. But recent developments suggest that the Federal Circuit might now avoid the hotly-debated legal question of whether a generic with a fully “carved-out” indication might induce infringement solely by touting its “AB-rating.” Rather, there are signs that the majority mi
Thermal Kinetics is executing additional projects related to the growing demand for sanitizer-grade ethanol. Thermal Kinetics has been contracted by several other customers during the second and third quarters of 2020 to provide detailed design engineering to expand the production of sanitizer-grade ethanol to their existing client bases in the North American market. In addition to Al-Corn, the list of projects includes equipment supply to a second customer. Both equipment supply contracts are slated for commencement during the first quarter of 2021. Three other facilities have contracted Thermal Kinetics to supply a detailed upfront engineering package prior to equipment purchase. This second group of plants should be operational in the third and fourth quarter of 2021 with Thermal Kinetics anticipating that it will provide the main equipment and engineering support.