Late Terminal Disclaimer Was Too Late?

2009-1032 Boehringer Ingelheim v. Barr LabsD/NJ 05-Cv-700 and 05-Cv-854Judge Joseph J. Farnan, Jr. An interesting appeal concerning the interplay of terminal disclaimers, restrictions, and patent extensions.  The case involves efforts to market a generic version of pramipexole dihydrochloride, FDA approved for the treatment of idiopathic Parkinson's disease and Restless Leg Syndrome (RLS).  Defendants alleged that [...]

Cartner Takes Issue With Invalidating Claim Construction

2009-1097 Cartner v. Alamo GroupND/OH 1:07-CV-1589Judge Lesley Wells A relatively straight-forward appeal of claim construction related to 5,197,284, claiming a system and method for decelerating a hydraulic motor.  Following construction in defendant's favor, plaintiff Cartner stipulated to invalidity and appealed. Oral argument is scheduled for Monday, June 1, 2009 at 10:00 A.M., Courtroom 201.

En Banc: 271(f) and Cardiac Pacemaker

2007-1296 Cardiac Pacemaker v. St JudeSD/IN 96-CV-1718Judge David F. Hamilton The Federal Circuit is hearing the case, en banc, directed to a single question: Does 35 U.S.C. § 271(f) apply to method claims, as well as product claims? The panel relied on Union Carbide Chems. & Plastics Tech. Corp. v. Shell Oil Co., 425 F.3d [...]