January 22, 2007

I will periodically post case citations from the Federal Circuit along with the date of the opinion/order and a brief list of the legal topics discussed therein (specifically those with additional embedded case law citations). My goal is to post new cases on a weekly basis. This posting covers the patent cases that were appealed from the district court level and decided by the Federal Circuit during the third calendar week of 2007. All opinions are precedential unless otherwise indicated.

Transclean Corporation et al. v. Jiffy Lube International, Inc., et al (01/18/2007): appeal of grant of summary judgment precluding the prevailing party in a patent infringement action from pursuing infringement actions against customers of the infringer, discussion of patent relating to automatic transmission fluid changing machine (U.S. Patent No. 5,318,080, “Transmission fluid changer”), doctrine of claim preclusion preventing a second suit (separate argument from the doctrine of full compensation), elements of the doctrine of claim preclusion, issue of privity regarding infringing user of device and customer of infringing user of device, court raising claim preclusion issue sua sponte benefiting defaulting defendants

Ortho-McNeil Pharmaceutical, Inc. v. Caraco Pharmaceutical Laboratories, Ltd. (01/19/2007): appeal of grant of summary judgment for non-infringement, discussion of patent relating to combination of two analgesics (tramadol and acetaminophen, U.S. Patent No. 5,336,691, “Composition comprising a tramadol material and acetaminophen and its use”), claim construction of the phrase “about 5:1” pertaining to pharmaceutical composition ratios, infringement under the doctrine of equivalents, expert testimony to define range of ratios


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Copyright 2006-2010, Mark Reichel. The Daily Dose of IP is my personal website, and I am not providing any legal advice or financial analysis. Any views expressed herein should not be viewed as being the views of my employer, Ice Miller LLP. Any comments submitted to this blog will not be held in confidence and will not be considered as establishing an attorney-client relationship. Information submitted to this blog should be considered as being public information, and the submitter takes full responsibility for any consequences of any information submitted. No claims, promises, or guarantees are made or available regarding the completeness or accuracy of the information contained in this blog or otherwise available by searching from or linking away from this blog.

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Mark Reichel
Reichel IP LLC

I am a patent attorney with Reichel IP LLC, where I concentrate my practice on patent drafting and prosecution, trademarks, and general intellectual property matters. I currently focus on the preparation and prosecution of medical device and other life sciences patent applications, and being actively involved in a number of local not-for-profit organizations.

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