Blawgletter lives for days like today.  So much interesting stuff to do and so little time to punch it out.

But hark!  We did notice that a circuit other than the Federal issued an opinion on a question sure to beguile patent law practitioners.  And the Federal Circuit published a couple of patent-law opinions, too.

We haven’t the time to give them the attention they doubtless deserve and therefore offer a mere summary (with links!):

  • Zila, Inc. v. Tinnell, No. 05-15031 (9th Cir. Sept. 5, 2007) — Can a U.S. patent holder collect royalties beyond the life of the U.S. patent?  No, but he can get them for a Canadian patent.
  • Forest Laboratories, Inc. v. Ivax Pharmaceuticals, Inc., No. 07-1059 (Fed. Cir. Sept. 5, 2007) — Validity of a "reissue" patent on escitalopram oxalate as against allegations of anticipation, obviousness, and improper broadening.
  • Mitutoyo Corp. v. Central Purchasing, LLC, Nos. 06-1312 & 06-1343 (Fed. Cir. Sept. 5, 2007) — Something to do with summary judgment of infringement, award of a 29.2 percent royalty, and dismissal of a "willfulness" infringement claim.

Barry Barnett

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