Perricone, M.D. v. Medicis Pharmaceutical Corp. (No. 05-1022) (Rader, Bryson, Linn) December 20, 2005 1:37 PM (Rader) Affirming summary judgment that some claims were inherently anticipated while reversing summary judgment that others were not. Also affirming that some claims were invalid for obviousness-type double patenting. The invalid claims were to methods of preventing sunburn with a lotion existing in the prior art for skin treatment, while the valid claims were for methods of treating sunburn. With respect to the double patenting holding, the Court noted that a terminal disclaimer could be filed post-issuance, but did not rule on whether it would be given retroactive effect if filed after the judgment. Bryson dissented and would have found all of the claims anticipated. |
Norian Corp. v. Stryker Corp. (No. 05-1172)(Newman, Rader, Bryson) December 6, 2005 2:43 PM (Bryson) Affirming summary judgment of noninfringement. The general rule that "a" in a patent claim means "one or more" "does not apply when the specification or the prosecution history shows that the term was used in in its singular sense." "[T]here is no principle of patent law that the scope of a surrender of subject matter during prosecution is limited to what is absolutely necessary to avoid a prior art reference ...." |