NOBEL LAUREATE IN CHEMISTRY – FRANCES ARNOLD

An interview with the 2018 Nobel laureate in chemistry, Frances Arnold, of the United States: Dr. Arnold has inspired many and moved forward the science of biochemistry. In an interview for the USPTO she stated, “…your inventions, your creativity, your science, is not useful until someone uses it. How do you get people to use it? Well, it takes a lot of time, money and other resources on many people’s parts … that investment that it takes won’t come unless the reward can be visualized down the road.” The full USPTO interview with Frances Arnold is found at this link: https://www.uspto.gov/dwcstories/arnold.html

 

 


FOIA/USPTO DECISIONS OF INTEREST REGARDING INDUCED & CONTRIBUTORY INFRINGEMENT

The USPTO publishes patent statistics in various formats. Within the section on the USPTO website addressing the Freedom of Information Act (FOIA) is a list dating back to 1997 documenting the “Federal Circuit Decisions of Interest.” On this list, a simple search shows that inducement and contributory infringement cases are making the list more often in recent years. Since 1997, the USPTO FOIA page shows that prior to 2016 there were no ‘Federal Circuit Decisions of Interest” dealing with inducement and no contributory infringement cases prior to 2017. A search for all “Induced Infringement” cases on the list produced a total of 11 cases, 3 of which also dealt with contributory infringement.  The list of cases and their summaries are found at this link:  https://e-foia.uspto.gov/Foia/DispatchFCAServlet?RetrieveAll=true

FEDERAL CIRCUIT DECISIONS OF INTEREST – INDUCED & CONTRIBUTORY INFRINGEMENT

Barry v. Medtronic 17-246301/24/2019Experimental Use; Induced Infringement; Inequitable Conduct; Public Use; Reduction to Practice
Enplas Display v. SSC 16-259911/19/2018Anticipation; Damages; Induced Infringement; Jury Trial; Reasonable Royalty
AIDS Healthcare v.
Gilead 16-2475                       
05/11/2018Declaratory Judgment; Dismissal; Induced Infringement
Vanda v. WestWard 16-270704/13/2018Eligible Subject Matter; FDA; Hatch-Waxman; Induced Infringement; Jurisdiction; Written Description

Nalco v. Chem-Mod 17-1036

02/27/2018Contributory Infringement; Doctrine of Equivalents; Induced Infringement; Infringement; Willfulness

Travel Sentry v. Tropp 16-2386                  

12/19/2017Induced Infringement; Summary Judgment

Sanofi v. Watson 16-2722

11/09/2017Drug Patent; FDA; Induced Infringement; Obviousness; Prosecution Disclaimer

Lifetime v. Trim-Lok 17-1096

09/07/2017Contributory Infringement; Dismissal; Induced Infringement; Infringement; Motions
Cleveland Clinic v. TrueHealth 16-176606/16/2017Contributory Infringement; Eligible Subject Matter; Induced Infringement
Eli Lilly v. Teva 15-206701/12/2017Double Patenting; Indefiniteness; Induced Infringement; Obviousness
Power Integr. v. Fairchild 15-132912/12/2016Claim Construction; Doctrine of Equivalents; Induced Infringement; Jury Trial; Permanent Injunction
Warsaw Orthopedic v. NuVasive 13-1576  06/03/2016Claim Construction; Induced Infringement; Substantial Evidence

The Supreme Court cases of interest on the same FOIA/USPTO site shows 3 induced infringement and no contributory infringement cases between 2009 – 2019 (data on the FOIA site for Supreme Court cases of interest begins in 2009).  Although not stated in its summary, at least one other case also dealt with induced infringement – Live Technologies Corp. v. Promega Corp (Dock # 14-1538, 2/22/2017). The list of Supreme Court decisions of interest and summaries is found at this link: https://e-foia.uspto.gov/Foia/DispatchFCAServlet?SupremeCourtResults=true

SUPREME COURT DECISIONS OF INTEREST – INDUCED INFRINGEMENT

Life Technologies v. Promega 14-1538            02/22/2017       Infringement
Commil v. Cisco 13-896             05/26/2015Induced Infringement
Limelight v. Akamai 12-78606/02/2014Induced Infringement; Process
Global-Tech v. SEB 10-605/31/2011Induced Infringement