587 F.3d 1339,  2009 U.S. App. LEXIS 26338 (Fed. Cir. 2009) (LOURIE, Dyk & Prost)

ultramaxcement12032009fc

MAJOR ISSUES: Typographical errors in claims–correction when no reasonable debate about correction–persons skilled in the art
Definiteness–claim construction–dictionary definitions
Laches defense (undue, prejudicial delay in suing for infringement)–fact question on when patent owner first knew of infringement

Read CPLRG™ 0009

Vanderbilt University v. ICOS Corp., 601 F.3d 1297 (Fed. Cir. 2010) (CLEVENGER & Michel; DYK, concurring-in-part & dissenting-in-part)Vanderbilt04072010

MAJOR ISSUES: inventorship correction; joint inventors of chemical compound; conception Read CPLRG™ 0044

Verizon Services Corp. v. Cox Fibernet Virginia, Inc., 602 F.3d 1325 (Fed. Cir. 2010) (LINN, Mayer & Prost)Verizon04162010

MAJOR ISSUES:  arguments to jury bearing on claim construction; anticipation; single reference rule; incorporation by reference; obviousness; relevant field of art; hostile testimony by named inventors Read CPLRG™ 0052

Wyeth Holdings Corp. v. Sebelius, 603 F.3d 1291, CPLRG 0061(Fed. Cir. 2010) (MOORE, Bryson & Folsom, district judge) Wyeth05032010

MAJOR ISSUES:  patent term extension; Food and Drug Administration (FDA) regulatory review period; animal drugs; deference to administrative agency interpretation of statute Read CPLRG™ 0061

Wyeth v. Kappos, 591 F.3d 136 (Fed. Cir. 2010) (RADER, Plager & Moore)

Wyeth01072010

MAJOR ISSUES: Patent term adjustment; term extension because of PTO failure to meet deadlines (“A delay”) and to issue patent within 3 years of filing (“B delay”); elimination of “overlap”; overlap commencing only after three-year mark; PTO’s erroneous interpretation as greater of A or B Read CPLRG™ 0023