| Ortho-Mcneil Pharmaceutical Inc. v. Mylan Laboratories Inc. (No. 2007-1223) (Michel, Rader, Linn) March 31, 2008 10:02 AM                                      (Rader) Affirming judgment against ANDA infringer and resetting of the effective                                    date of the ANDA. "[I]n the circumstances of this case, claim 1's use of the term                                    and means or." Claims were held not obvious. | 
| Akira Akazawa v. Link New Technology International Inc. (No. 2007-1184) (Newman, Archer, Linn) March 31, 2008 9:58 AM                                      (Archer) Vacating summary judgment of lack of standing to resolve issues of Japanese                                    intestacy law that would determine patent ownership. | 
| Aristocrat Tech. Australia PTY Limited v. International Game Tech. (No. 2007-1419) (Lourie, Schall, Bryson) March 28, 2008 9:54 AM                                      (Bryson) Affirming judgment that means-plus-function claims were invalid for indefiniteness,                                    because there was insufficient structure described that corresponded to the claimed                                    function. "For a patentee to claim a means for performing a particular function                                    and then to disclose only a general purpose computer as the structure to perform                                    that function amounts to pure functional claiming." "[T]here was no algorithm at                                    all disclosed in the specification", although "a listing of source code or a highly                                    detailed description of the algorithm to be used" was not necessary. | 
| Agrizap v. Woodstream (No. 2007-1415) (Bryson, Moore, Wolle [of the S.D. Iowa, sitting by designation]) March 28, 2008 9:46 AM                                      (Moore) Holding claims to an electronic rodent-killing device obvious. "This is                                    a textbook case of when the asserted claims involve a combination of familiar elements                                    according to known methods that does no more than yield predictable results." | 
| Computer Docking Station Corp. v. Dell, Inc. (2007-1169, -1316) (Michel, Plager, Rader) March 21, 2008 12:49 PM                                      (Rader) Affirming summary judgment of non-infringement and also affirming denial                                    of attorney fees and costs. Patentee’s statements during prosecution “disavowed                                    an interpretation of ‘portable computer’ that would encompass a computer with a                                    built-in display or keyboard.” | 
| Amgen Inc. v. International Trade Comission (2007-1014) (Newman, Lourie, Linn) March 19, 2008 11:26 AM                                      (Newman) Affirming summary determination of non-infringement. The “safe harbor provided                                    by §271(e)(1) applies in proceedings under the Tariff Act relating to process patents                                    as well as product patents. . .” However, that safe harbor does not exempt from                                    infringement all importation and uses while FDA approval is pending and the Court                                    remanded for consideration of whether all accused uses were exempt. Also reversing                                    the Commission’s dismissal on jurisdictional grounds and remanding because the “Commission                                    erred in holding that it lacked jurisdiction under Section 337 absent actual sale                                    or contract for sale of the imported” drug. “When it has been shown that infringing                                    acts are reasonably likely to occur, the Commission’s obligation and authority are                                    properly invoked.” Linn concurred in part and dissented in part. | 
| Pfizer, Inc. v. Teva Pharmaceuticals USA Inc. (07-1271) (Michel, Dyk, Kennelly) March 7, 2008 11:23 AM  (Dyk) In Hatch-Waxman case, reversing district court and finding patents invalid for double-patenting but affirming holding of no best mode violation and no inequitable conduct. With respect to double-patenting, 35 U.S.C. 121's safe harbor provisions with respect to divisional applications is unavailable for CIP's. |