Fresh From the Bench: Latest Precedential Patent Cases

CASE OF THE WEEK

Inguran, LLC v. ABS Global, Inc., Appeal No. 2022-1385 (Fed. Cir. July 5, 2023)

In its only precedential patent opinion this week, the Federal Circuit held that a lawsuit was not precluded by res judicata based on an earlier judgment.  The case turned on whether a judgment for an ongoing royalty of direct infringement claims was res judicata as to a later infringement case alleging induced infringement by the same party of the same claims.  The Court held that it was not.

The case involved a long-running dispute relating to bull semen.  Specifically, the patents in suit concern technology for creating small tubes or “straws” of bull semen that are predominantly either male or female sperm cells.  Having a greater likelihood of genetically male or female sperm is beneficial to livestock breeders, dairy farmers, and beef farmers, who rely on artificial insemination of their herds to increase fertility rates.

READ MORE

Editors:

Nika Aldrich, Shareholder, Schwabe, Williamson & Wyatt, P.C.

Jason Wrubleski, Shareholder