Fed. Circ. Patent Rulings May Shift Use Of Motion To Dismiss

Law360 (June 10, 2020, 5:47 PM EDT) -- Two recent U.S. Court of Appeals for the Federal Circuit cases demonstrate that courts are now more amenable to dismissing a complaint for patent infringement based on its merits.

In Amgen Inc. v. Coherus Biosciences Inc.,[1] the Federal Circuit affirmed dismissal of the complaint, finding no infringement under the doctrine of equivalents based on the doctrine of prosecution history estoppel, and, in Eagle Pharmaceuticals Inc. v. Slayback Pharma Inc.,[2] the Federal Circuit affirmed dismissal of the complaint, finding no infringement under the doctrine of equivalents based on the disclosure-dedication doctrine.

Although largely left to the discretion of the district court, in...

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