February 06, 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 fifth calendar week of 2007. All opinions are precedential unless otherwise indicated.

Israel Bio-Engineering Project v. Amgen, Inc., et al. (01/29/2007): appeal of summary judgment to bring patent case for lack of standing (plaintiff did not have sole ownership of the patent), discussion of patent relating to a protein used to treat rheumatoid arthritis (U.S. Patent No. 5,981,701, “Tumor Necrosis Factor Inhibitory Protein and its Purification”), ownership of patent pursuant to research and development agreement, distinction between inventorship and patent ownership, joint owners having pro rata undivided ownership interest in a patent, assignment of interest in patent as personal property, temporal scope of assignment arrangement

Time ’N Temperature v. Sensitech (01/30/2007, non-precedential): appeal of issuance of permanent injunction barring future sales of devices and raising issues of invalidity and obviousness, discussion of patent relating to an electronic monitoring device to sense and record parameters like temperature, humidity, and pressure (U.S. Patent No. RE36,200, “Disposable electronic monitor device”), claim invalidity for anticipation, review of claim construction to determine improper rejection of summary judgment motion of anticipation

Voda, M.D. v. Cordis Corporation (02/01/2007): interlocutory appeal regarding the assumption of supplemental subject matter jurisdiction over foreign patent infringement claims of plaintiff, discussion of patents relating to guiding catheters for interventional cardiology (U.S. Patent Nos. 5,445,625, 6,083,213, and 6,475,195, each entitled “Angioplasty guide catheter,” and corresponding patents in Europe, Great Britain, France, Germany and Canada), amended complaint to add allegations of overseas infringement of foreign patents, exercise of subject matter jurisdiction under 28 U.S.C. § 1367(a) and district court discretion to exercise supplemental jurisdiction under 28 U.S.C. § 1367(c), authorization to exercise jurisdiction, abstention doctrines


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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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