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., 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., 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...
Stay ahead of the curve
In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.
Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
Create custom alerts for specific article and case topics and so much more!