Danisco wins at CAFC in Novozymes case

In citing Arkema Inc. v. Honeywell Int’l, Inc., 706 F.3d 1351, 1357 (Fed. Cir. 2013), the CAFC reversed the district court   in Danisco v. Novozymes.

Danisco won. 

The CAFC noted: 

The record demonstrates that a definite and concrete

patent dispute exists between the parties. 

 

As to the district court:

 

The district court’s categorical distinction between

pre- and post-issuance conduct is therefore

irreconcilable

with the Supreme Court’s insistence on applying a flexible

totality of the circumstances test, its rejection of technical

bright line rules in the context of justiciability, and our own precedent.

See, e.g., Matthews Int’l Corp. v. Biosafe

Eng’g, LLC, 695 F.3d 1322, 1328 (Fed. Cir. 2012)