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Reference to ASTM number not specific enough for the Federal Circuit

Pacific Coast Building v CertainTeed Gypsum, Appeal 2019-1524, Decided June 30, 2020. Pacific Coast Building Products Inc. sued CertainTeed Gypsum, Inc and Saint-Gobain Performance Plastics Corp. (collectively CertainTeed) for patent infringement of claim 21 of US Patent No. 9,388,568 (the “‘568 patent”) in the Northern District of California.  The ‘568 patent is directed to a […]

Federal Circuit holds that transitional phrase “consisting essentially of” renders claim indefinite, unless the “basic and novel properties” of the invention are definite

HZNP Medicines LLC, Horizon Pharma USA Inc., v. Actavis Laboratories UT, Inc., HZNP v Horizon Pharma Appeal No. 2017-2149 et al, decided October 10, 2019 was an appeal from the District Court of New Jersey’s judgment of invalidity and noninfringement.  Amongst others, at issue was the District Court’s construction of the transitional phrase “consisting essentially […]