Tuesday, November 29, 2005

Preliminary Injunction upheld in Pfizer v. Teva (DNJ)

In a case directed to infringement (not validity) of the '450 patent, we have mention of rolling claim construction, and a cite to Guttman v. Kopykake, 302 F.3d 1352.

The disclosure-dedication rule arises, and there is a cite to Toro, 383 F.3d 1326. Here, the CAFC says that unclaimed subject matter must have been identified as an alternative to a claim limitation before it is dedicated to the public (through Johnson & Johnston, 285 F.3d 1046).

There is mention of the vitiation doctrine, with a cite to Asyst v. Emtrak, 402 F.3d 1188 and Freedman 420 F.3d 1350.

There is much discussion of the concept of irreparable harm.


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