Federal Circuit - The FindLaw Federal Circuit Court of Appeals Opinion Summaries Blog

February 2016 Archives

Stealth Tech Case Revived After More Than Two Decades

The technology behind one of the most iconic shapes in American Airforce -- the Skunkwork's beaute B2 Bomber -- is back in court again after twenty-something years of legal wrangling. The question: who really developed stealth technology?

The factual issues of the case seem almost to pale against the legal issues of national security and the state secrets privilege, doctrines that have increasingly come under intense public scrutiny in recent years amidst allegations of abuse.

The doctrine of patent exhaustion remains sound in light of recent Supreme Court rulings, an en banc Federal Circuit ruled last Friday. That doctrine, also known as the "first sale" doctrine, allows patent owner's to avoid exhaustion of their rights by selling a patented product subject to clear limitations on resale or post-sale use.

That doctrine allows, for example, restrictions on the resale of printing cartridges, as was the case here. Under the doctrine of patent exhaustion, Lexmark, the printing company, was allowed to sue Impression Products for patent infringement for violating its single-use, no-resale restrictions.

OxyContin Maker Purdue Pharma Loses at the Federal Circuit

Groundhog day just passed, and although famed Pittsburg Punxautawney Phil did not see his shadow, it looks like it's going to be a cold winter for Purdue Pharma, maker of the blockbuster drug Oxycontin.

The pharma company lost big when the Federal District Circuit Court sided with Epic Pharma, et al, in this widely watched patent lawsuit. In the opinion of the court, the alleged changes that Purdue made to OxyContin were not significant and Purdue's attempts to couch a toxicity removal of a base form (oxycodone) of its drug actually was not substantial enough to be considered a break from prior art.