We will be discussing a Federal Circuit case and a Northern District of California case during our weekly SoCal IP Institute meeting on Monday, April 9, 2012. Brief synopses are presented below:

Ergo Licensing, LLC. v. CareFusion 303, Inc., 2011-1229 (C.A.F.C. Mar. 26, 2012) (attached).

In a patent infringement case over a patent on an infusion system used to meter and simultaneously deliver fluids from multiple sources into a patient’s body, the Federal Circuit affirmed the district court ruling, which determined that the “control means” terms were indefinite under 35 U.S.C. § 112 (2).  The means-plus-function limitations were not supported by any corresponding structure disclosed in the specification.

35 U.S.C. § 112, paragraph 6: An element in a claim for a combination may be expressed as a means or step for performing a speci­fied function without the recital of structure, material, or acts in support thereof, and such claim shall be con­strued to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.

Therasense, Inc. v. Becton, Dickinson and Company (N.D. Cal. March 27, 2012) (attached).

Following the Federal Circuit’s remand in Therasense v. Becton Dickinson, the district court again concluded that the patent at issue is unenforceable due to inequitable conduct, even under the higher standards for intent and materiality articulated by the Federal Circuit. The judge found that the withheld briefs were material under the “but for” test for materiality outlined by the Federal Circuit.  The district court also determined that there is clear and convincing evidence that the plaintiff’s attorney and scientist knew of that but-for materiality, and that they possessed specific intent to deceive the Patent Office by withholding the omitted reference.

All are invited to join us in our discussion during the SoCal IP Institute meeting on Monday, March April 9, 2012 at Noon in our Westlake Village office. This activity is approved for 1 hour of MCLE credit. If you will be joining us, please RSVP to Amanda Jones by 9 am Monday morning.