Pressure Products Wins Medical Device Verdict

2008-1602 Pressure Products v. Quan EmerteqED/TX 06-cv-121Judge Ron Clark Defendant Quan Emerteq (aka Enpath) appeals from the jury verdict before Judge Ron Clark finding Pressure Product's 5,125,904 and 5,312,355 valid and infringed (but not willfully).  The jury awarded approx. $1.1 million.  As usual, Michael Smith at EDTexweblog provided excellent coverage of the final judgment here. [...]

In Brief: Lacks Indus. v. McKenzie Wheel

2008-1167 Lacks Indus. v. McKenzie WheelED/MI 96-CV-75692Judge John Feikens An on-sale bar case where the court concluded that plaintiff’s product quotes—while not likely to be accepted without significant negotiations, back-and-forth, etc.–could have been accepted to create a binding contract, and thus qualify under Group One and establish an on-sale bar. Oral argument is scheduled for [...]

Court Trims Daiichi’s Award Of Costs

2008-1600 Ortho-McNeil v. Mylan LabsND/WV 02-cv-32Judge Irene Keeley Defendant Mylan appeals from Judge Keeley's order awarding plaintiff Daiichi costs in the matter.  The costs issue has been pending for quite a while–the district court ruled in 2004 that the asserted patent was not invalid or unenforceable, and the Federal Circuit affirmed in 2005.  The various [...]

In Brief: Takeda v. Teva

2008-1314 Takeda Pharma v. Teva PharmaD/DE 06-cv-33Judge Susan Robinson An inequitable conduct case regarding the inventors' failure to disclose certain test results during prosecution of 4,628,098.  The district court found the patent enforceable.  The '098 patent covers lansoprazole, marketed by plaintiffs as Prevacid® for gastric ulcers.  The case was previously covered here. Oral argument is [...]

Abuse Of Discretion Returns To Preliminary Injunction Review, At Least For One Case

For those that followed our previous posts on the Federal Circuit's unsettled review of preliminary injunction appeals (here, here, here and here), the Court's recent decision in Abbott Labs v. Sandoz, sheds some more light on the conflict within the CAFC.  Perhaps more than any other current patent issue, a PI appeal may hinge almost [...]