“Advice Of Scientist” Defense To Walker Process

2008-1556 Braintree v. Schwarz PharmaD/DE 03-477Judge Sue Robinson Schwarz Pharma ("SPI") appeals from the opinion of Judge Sue Robinson, following a bench trial, in favor of Braintree on SPI’s counterclaims for unfair competition and Sherman Act violations.  Braintree initiated the action in 2003, asserting infringement of its 5,710,183 patent following SPI’s ANDA submission to market [...]

Erbe and Canady Split Judgment

2008-1425, 1426 Erbe Elektromedizin v. CanadyWD/PA 05-cv-1674Judge Donetta W. Ambrose Erbe and Canady appeal from portions of Judge Donetta Ambrose’s orders and judgments that essentially found in favor of defendant Canady on all plaintiffs’ claims, and in favor of Erbe on Canady’s counterclaims. Erbe manufactures and sells flexible endoscopic probes for argon plasma coagulation (APC), [...]

Everyone Loses! Claim Construction and Sealed Material Gut Infringement, Antitrust Claims

2008-1242, 1243 Digene Corp. v. Third Wave TechWD/WI  07-CV-22 Both parties appeal from different parts of Judge Barbara Crabb’s orders granting summary judgment to defendant Third Wave on plaintiff’s complaint of infringement, and granting summary judgment to Digene on Third Wave’s antitrust counterclaims. Digene is the exclusive licensee of 5,643,715 entitled "Human Papillomavirus Type 52 [...]