GS CleanTech v. Adkins Energy was decided on March 2, 2020 on appeal from the Northern District of Illinois. The Patents-in-Suit are “directed to the recovery of oil from a dry mill ethanol plant’s byproduct, called thin stillage.” The district court determined on summary judgment that defendant Adkins did not …
To prevail on the defense of inequitable conduct, the accused infringer must prove that the applicant misrepresented or omitted material information with the specific intent to deceive the PTO. Therasense v. Becton, Dickinson and Co. (en banc). The accused infringer must prove both elements — intent and materiality — by clear and convincing evidence. Id. A district court should not use a …
Energy Heating v. Heat On-The-Fly was decided on May 4, 2018 on appeal from the District of North Dakota. Before trial, the district court granted summary judgment in declaratory plaintiff Energy’s favor, dismissing some of declaratory defendant Heat’s infringement claims, and finding Heat’s asserted patent obvious. The jury found liability under …
Alfred T. Giuliano v. SanDisk is a non-precedential case decided on July 27, 2017 on appeal from the Northern District of California. There, after Plaintiffs brought a Walker Process antitrust class action against SanDisk, the district court granted summary judgment in favor of SanDisk because the record did not show evidence sufficient to raise …
Regeneron v. Merus was decided on July 27, 2017 on appeal from the Southern District of New York. There, the district court held the asserted patent invalid because of plaintiff Regeneron’s inequitable conduct during prosecution. The district court first found that Regeneron withheld four references from the USPTO that were material. (The withheld references …
U.S. Water v. Novozymes was decided on December 15, 2016 on appeal from the Western District of Wisconsin. The patents relate to the production of ethyl alcohol (ethanol) from milled grain. The district court held the asserted claims invalid as inherently anticipated, and denied defendant Novozymes’s summary judgment motion as to inequitable conduct. The …