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The U.S. Supreme Court has rejected an Infinity Computer Products Inc. appeal over whether the Federal Circuit has created a new standard on indefiniteness, cementing a win Oki Data Americas Inc. secured at the circuit court in a patent dispute.
Amgen Inc. v. Sanofi , Appeal No. 2020-1074 (Fed. Cir. Feb. 11, 2021) In this week’s Case of the Week, the Federal Circuit affirmed a district court’s JMOL ruling that asserted claims of two related pharmaceutical patents were invalid because their shared specification did not enable the full scope of the claims. The patents were directed to synthetic antibodies used in high cholesterol treatments that operate by binding to specified amino acids (or “residues”) of enzyme PCSK9, thereby blocking PCSK9 from binding to LDL cholesterol receptors (“LDLR”) and permitting those receptors...
Thursday, February 18, 2021 In deciding whether use of the term “passive link” to define a connection between a computer terminal and a fax machine rendered a patent claim indefinite, the US Court of Appeals for the Federal Circuit affirmed the district court’s finding of invalidity based on conflicting statements made by the patent owner during prosecution. Infinity Computer Products, Inc. v. Oki Data Americas, Inc., Case No. 20-1189 (Fed. Cir. Feb. 10, 2021) (Prost, C.J.) Infinity owns a patent directed to providing a circuit for interfacing a personal computer with a facs...
To embed, copy and paste the code into your website or blog: 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 specif...