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Spectrum Pharmaceuticals, Inc. v. Sandoz Inc. (No. 2015-1407, 10/2/15) (Lourie, Wallach, Hughes)

October 2, 2015 3:40 PM

Lourie, J. Affirming summary judgment that some claims are not infringed by ANDA submission. The patentee argued unsuccessfully that an aggregation of smaller doses could satisfy a claim limitation requiring at least two doses of 2000 mg. Also affirming decision that other claims are invalid. "This case is unusual in involving [a question of] whether a substantially pure compound would have been obvious when both the 50/50 mixture and the pure compound were known in the art. We agree with the district court that the claimed substantially pure compound would have been obvious over both the 50/50 mixture and the pure (6S) isomer compound in the prior art."

A full version of the text is available in PDF form.

Shukh v. Seagate Technology LLC (No. 2014-1406, 10/2/15) (Moore, Wallach, Taranto)

October 2, 2015 10:08 AM

Moore, J. Vacating summary judgment on claim for correction of inventorship and remanding. "Today, we hold that concrete and particularized reputational injury can give rise to Article III standing... For example, if the claimed inventor can show that being named as an inventor on a patent would affect his employment, the alleged reputational injury likely has an economic component sufficient to demonstrate Article III standing." Also affirming dismissal of claims that employee had ownership or financial interest in patents because he had automatically assigned those inventions to employer per an employee agreement.

A full version of the text is available in PDF form.

In re Steed (No. 2014-1458, 10/1/15) (Newman, Clevenger, Dyk)

October 1, 2015 2:44 PM

Newman, J. Affirming obviousness rejection and affirming Board decision that the applicant failed to antedate a prior art reference.

A full version of the text is available in PDF form.

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