- Acumen Powered by Robins Kaplan LLP®
- Affirmative Recovery
- American Indian Law and Policy
- Antitrust and Trade Regulation
- Appellate Advocacy and Guidance
- Business Litigation
- Civil Rights and Police Misconduct
- Class Action Litigation
- Commercial/Project Finance and Real Estate
- Corporate Governance and Special Situations
- Corporate Restructuring and Bankruptcy
- Domestic and International Arbitration
- Entertainment and Media Litigation
- Health Care Litigation
- Insurance and Catastrophic Loss
- Intellectual Property and Technology Litigation
- Mass Tort Attorneys
- Medical Malpractice Attorneys
- Personal Injury Attorneys
- Telecommunications Litigation and Arbitration
- Wealth Planning, Administration, and Fiduciary Disputes
Acumen Powered by Robins Kaplan LLP®
Ediscovery, Applied Science and Economics, and Litigation Support Solutions
-
March 26, 2024Ronald Schutz, Brendan Johnson Named to Forbes Top 200 Lawyers in the United States
-
March 21, 2024Robins Kaplan Firm Members Appointed to Law360 Editorial Boards
-
March 20, 2024Brandon Vaughn Inducted into The International Society of Barristers
-
April 5, 2024Mass Torts Made Perfect
-
April 17, 2024American Antitrust Institute Virtual CLE Lunch & Learn
-
May 2-3, 2024ACI Advanced Forum on Managed Care Disputes and Litigation
-
March 22, 2024‘In re Cellect’:
-
March 14, 2024How Many Cases Have You Tried to a Verdict?
-
March 2024Do We Have to Share That Information? Attorney-Client Privilege in the Multi-Entity Context
-
September 16, 2022Uber Company Systems Compromised by Widespread Cyber Hack
-
September 15, 2022US Averts Rail Workers Strike With Last-Minute Tentative Deal
-
September 14, 2022Hotter-Than-Expected August Inflation Prompts Massive Wall Street Selloff
Find additional firm contact information for press inquiries.
Find resources to help navigate legal and business complexities.
The Medicines Co. v. Mylan, Inc.
The Federal Circuit’s decision on the issue of infringement precludes a trial on remand as to the doctrine of equivalents.
July 14, 2017
Case Name: The Medicines Co. v. Mylan Inc., Civ. No. 11-cv-1285, 2017 U.S. Dist. LEXIS 99898 (N.D. Ill. June 28, 2017) (St. Eve, J.)
Drug Product and U.S. Patent: Angiomax® (bivalirudin); U.S. Patents Nos. 7,582,727 (“the ’727 patent”) and 7,598,343 (“the ’343 patent”)
Nature of the Case and Issue(s) Presented: The issue was whether an infringement trial relating to the doctrine of equivalents should occur after the Federal Circuit affirmed a finding of non-infringement as to one asserted patent and reversed the finding of infringement as to the other asserted patent. Plaintiff argued that the Federal Circuit provided a new claim construction for one limitation and did not expressly rule on whether infringement under the doctrine of equivalents would be available under this new construction. Mylan argued that the Federal Circuit did not remand the case for such determination, but rather decided all issues of infringement in favor of Mylan.
The district court found that the mandate precluded a new infringement trial concerning the issue of equivalents.
Why Mylan Prevailed: The district court held that the mandate applied because the Federal Circuit either affirmed or decided, based on the record, all issues related to infringement. The court noted that the Federal Circuit did not remand the case, but rather affirmed-in-part and reversed-in-part the original ruling of the district court as to infringement. Moreover, the Federal Circuit affirmed that a limitation in both patents was not present in the accused products, such that the issue of infringement was decided by the Federal Circuit and the mandate rule precluded the district court from conducting a new trial on the issue.
Related Professionals
Miles A. Finn, Ph.D.
Counsel
Related Publications
Related News
If you are interested in having us represent you, you should call us so we can determine whether the matter is one for which we are willing or able to accept professional responsibility. We will not make this determination by e-mail communication. The telephone numbers and addresses for our offices are listed on this page. We reserve the right to decline any representation. We may be required to decline representation if it would create a conflict of interest with our other clients.
By accepting these terms, you are confirming that you have read and understood this important notice.