Fresh From the Bench: Latest Federal Circuit Court Cases
CASE OF THE WEEK
Valeant Pharmaceuticals North America LLC v. Mylan Pharmaceuticals Inc., Appeal No. 2019-2402 (Fed. Cir. Nov. 5, 2020)
In our Case of the Week, the Federal Circuit addressed a lingering question about venue following the Supreme Court’s decision in TC Heartland LLC v. Kraft Foods Grp. Brands LLC, 137 S. Ct. 1514 (2017). Specifically, the Court answered the question about how the patent venue statute, 28 U.S.C. § 1400, applies to cases brought under the Hatch-Waxman Act.
Chevron U.S.A. Inc. v. University of Wyoming Research Corporation, Appeal No. 2019-1530 (Fed. Cir. Nov. 4 2020)
In this appeal from an interference proceeding before the Patent Trial and Appeal Board, the Court affirmed the Board’s assignment of priority to the University of Wyoming. The Court affirmed the Board’s claim construction of the terms “gradually and continuously,” holding the Board properly relied on the definitions of those terms explicitly contained in Wyoming’s claims. Since Chevron’s earliest corroborated conception coupled with diligence date was after the priority date of Wyoming’s relevant applications, the Court affirmed the Board’s finding of Wyoming as the senior party and affirmed the Board’s judgement of interference in Wyoming’s favor. Judge Newman dissented, opining that the Board “erred at the threshold” by initiating the interference proceeding because the patents at issue claimed different inventions.