Top Stories of 2020: #5 to #8

By Donald Zuhn –- After reflecting upon the events of the past twelve months, Patent Docs presents its 14th annual list of top patent stories. For 2020, we identified eight stories that were covered on Patent Docs last year that we believe had (or are likely to have) a significant impact on patent practitioners and applicants. Today, we count down stories #8 to #5, and later this week we will count down the top four stories of 2020. As with our other lists (2019, 2018, 2017, 2016, 2015, 2014, 2013, 2012, 2011, 2010, 2009, 2008, and 2007), links to our…

Eli Lilly & Co. v. Apotex, Inc. (Fed. Cir. 2020)

By Kevin E. Noonan — After more than two decades of being the red-headed stepchild of patent infringement before the Federal Circuit, infringement under the doctrine of equivalents has made a dramatic comeback in the past few years, the Court affirming plaintiffs asserting their patents under the doctrine six times (versus denying DOE infringement on the basis of prosecution history estoppel twice, on the basis of the dedication-disclaimer estoppel twice, and finding no equivalents twice). One of those affirmances was in Eli Lilly & Co. v. Hospira, Inc., directed to the same patent and with assertion of infringement under the…

Vectura Ltd. v. GlaxoSmithKline LLC (Fed. Cir. 2020)

By Kevin E. Noonan — Trial courts tend to get more than the benefit of the doubt when their decisions are viewed under the “abuse of discretion” standard, and juries similarly are affirmed unless there isn’t substantial evidence supporting their verdicts. Both these rubrics, which extend more generally to cases involving disputes outside patent law, were used by the Federal Circuit to affirm both the finding of infringement and a hefty ($89,712,069) damages calculation in Vectura Ltd. v. GlaxoSmithKline LLC. The case arose involving Vectura’s patented components for pulmonary administration for dry-powder inhalers, the components claimed in U.S. Patent No….