CAFC Patent Cases, 5/5/21-5/17/21

Precedential Federal Circuit Opinions

1. CAP EXPORT, LLC v. ZINUS, INC. [OPINION]  (2020-2087, 5/5/21) (Dyk, Bryson, Hughes) Dyk, J. Affirming decision to set aside judgment and injunction pursuant to Federal Rule of Civil Procedure 60(b)(3). Patent owner's "president and expert witness, misrepresented his knowledge of highly material prior art. The district court properly declined to condone such conduct."
2. PACIFIC BIOSCIENCES v. OXFORD NANOPORE TECHNOLOGIES [OPINION]  (2020-2155, 2020-2156, 5/11/21) (Lourie, Taranto, Stoll) Taranto, J. Affirming verdict of invalidity due to lack of enablement for claims related to sequencing nucleic acid using nanopore technology. "We therefore conclude that there was ample evidence to support a finding that, before the 2009 priority date of the [asserted] patents, relevant artisans did not know how to perform nanopore sequencing for more than a narrow range of the full scope of nucleic acids covered by the asserted claims."