For our weekly SoCal IP Institute meeting on Monday, January 13th, 2019, we will discuss the following cases:
Amgen v. Amneal Pharma (Fed Cir. 2020) (available here)
Amgen sued Amneal, Piramal, and Zydus for infringement of U.S. Patent 9,375,405. The district court ruled that Zydus would infringe, but that Amneal and Piramal would not. On appeal, the CAFC vacated the verdict for Amneal on claim construction. A major part of the appeal was the interpretation of a Markush group involving the term “binder”.
Sunpreme Inc. v. US (Fed. Cir. 2020) (available here)
The department of commerce has two regulations covering crystalline silicon photovoltaic cells, but excludes “thin film photovoltaic products produced from amorphous silicon (a-Si).” Supreme claimed its products fall outside the order (and therefore would not be subject to exclusion). Part of Supreme’s argument, was that the exclusion order was vague, and it would be inappropriate for customs and border patrol to interpret vague orders. The CAFC in a previous appeal agreed with Supreme, but in the new En Banc decision changed its mind.
All are invited to join us on Monday January 13th, 2019 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 Elisha Manzur by 9 am Monday morning.